Heard learned counsel for the appellant.
During the pendency of Matrimonial Suit No.118 of 2008, Virendra Kumar and Smt. Reena for divorce under Section 13 of the Hindu Marriage Act the respondent/wife Smt. Reena applied for interim maintenance under Section 24 of the Hindu Marriage Act. The said application has been allowed by the impugned order dated 14.7.2010 and an interim maintenance of Rs.750/- per month for the wife and Rs.250/- each for the two children have been fixed. Apart from the above lump sum amount of Rs.6,000/- towards the counsel fees, litigation expenses and Rs.150/- per day for attending the courts proceedings from Meerut to Bulandshahar has been fixed.
The submission of the learned counsel for the appellant is that the appellant is actually unemployed and therefore, at least the amount of Rs.6,000/- awarded towards counsel fees and litigation expenses be set aside. Even though there may not be any specific finding of the court below with regard to the income of the appellant but nonetheless he is legally supposed to maintain his wife and children and at the same time to bear litigation expenses for the wife, who is unable to maintain herself. In view of the aforesaid, I do not find that the interim maintenance fixed or the counsel fees or the litigation expenses awarded by the court below are in any way illegal or excessive.
The appeal as such lacks merit and is dismissed. However, the appellant is permitted to pay the litigation expenses of Rs.6,000/- within a period of three months in three monthly installments of Rs.2000/- each commencing from September, 2010 provided the other part of the maintenance granted i.e. Rs.1250/- per month and Rs.150/- per day for attending the case on the date fixed is paid by him regularly.
Order Date :- 7.9.2010 piyush