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Smt.Pooja vs Jitendra on 1 August, 2018

HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
F.A. No.622/2015
(Smt. Pooja Vs. Jitendra)

Indore dtd.1.08.2018
Shri Sunil Jain, learned Senior Counsel with Shri
Mahim Priya Pandey for the appellant.
None for the respondent, though served.

After service of notice, no one has appeared on behalf
of the respondent nor the respondent was present and,
therefore, we issued SPC to him, but inspite of SPC he is
absent.

Heard on I.A. No.692/2018, an application under
Section 24 of the Hindu Marriage Act, 1955 for grant of
maintenance pendente lite of Rs.10,000/- per month to the
appellant and her child and, Rs.25,000/- towards litigation
expenses on the ground that the respondent is earning
Rs.40,000-50,000/- per month.

Along with the application, no detailed particulars has
been filed regarding the earning of the respondent.

We also on 3/07/2018 directed the appellant to file a
detailed particulars of the facts mentioned in Para – 2 of
application – I.A. No.692/2018, but no detailed particulars
has been filed.

It is not in dispute that the appellant is working as a
teacher and she is earning Rs.8,000/- per month.

Learned Senior Counsel for the appellant submits that
the son of the appellant is studying in VI standard in a
Convent school and his yearly expenses including the fee etc
is around Rs.55,000 per annum and, therefore, reasonable
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
F.A. No.622/2015
(Smt. Pooja Vs. Jitendra)

amount be awarded for herself and for her son towards their
maintenance.

In absence of any material documents to prove that the
respondent is earning Rs.40,000-50,000/- per month, we
looking to the status of the parties award Rs.2,000/- per
month as maintenance pendente lite to the appellant and
direct the respondent to pay the same from the date of
application till the first appeal is finally decided, all the arrears
will be paid within a period of one month from today. Apart
from the above, the appellant is also entitled for litigation
expenses and, therefore, the respondent is directed to pay
Rs.25,000/- towards litigation expenses. The amount of
arrears of maintenance pendente lite and litigation expenses
be deposited within the aforesaid period from the date of
order and the respondent shall regularly deposit/pay the
amount of maintenance pendente lite @ Rs.2,000/- per
month during pendency of the appeal.

With the aforesaid, I.A, No.692/2018 is partly allowed
and disposed of.

Cc as per rules.

(P.K. Jaiswal ) (S.K. Awasthi)
Judge Judge

pn

Preetha Nair
2018.08.03 11:20:31
+05’30’

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