THE HIGH COURT OF MADHYA PRADESH
First Appeal No.628/2016
(Jitendra Katiyar vs. Smt.Rekha Katiyar)
Jabalpur, Dated 13.08.2018
Shri Rakesh Jain, counsel for the appellant.
Shri B.D.Singh, learned counsel for respondent.
Heard on I.A.No.2735/2018 which is an application under
Section 24 of the Hindu Marriage Act filed by respondent-wife
seeking maintenance pendente lite to the extent of Rs.35,000/- per
It is urged that Rs.15,000/- is required for wife and Rs.20,000/-
for both the children who are school going.
Reply to the said application has been filed by the petitioner
contending inter alia that he is suffering from Tuberculosis and at
present he is not in job, therefore, no amount of maintenance can be
paid by him.
The Family Court awarded Rs.7,000/- maintenance pendente
lite alongwith legal expenses as well as expenses when the
respondent comes to attend the proceedings of the Court, during
pendency of the suit in trial Court. After decision and during
pendency of this appeal nothing is paid to the respondent towards
maintenance pendenti lite and the said fact is not in dispute.
After hearing learned counsel appearing for the parties and on
perusal of the order passed by the Family Court it can safely be
observed that the respondent-wife is unable to maintain herself,
during trial and the said position has not yet changed, therefore, the
amount for her support as well as to support the children deserves to
Considering the facts and other material brought on record of
the case, Rs.5,000/- each i.e wife and two children be paid by the
appellant towards maintenance pendente lite. It is further observed
that the appellant shall pay Rs.10,000/- as legal expenses and as and
when the respondent-wife is required to attend the proceedings of
this Court, appellant shall pay to and fro expenses of AC Class-III to
the respondent-wife and expenses of a day for stay in hotel including
With the aforesaid observation, I.A.No.2735/2018 stands
Reconciliation has not taken place, however, list this case for
reconciliation on 24.09.2018.
On the said date parties are directed to remain present before
this Court. Counsel for the parties to inform the respective parties.
Certified copy as per rules.
(J.K.Maheshwari) (Akhil Kumar Srivastava)
Digitally signed by
ANAND KRISHNA SEN