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Smt. Pushpa vs Hirendra Kumar Tiwari on 21 August, 2018

1 FA-255-2017
The High Court Of Madhya Pradesh
FA-255-2017
(SMT. PUSHPA Vs HIRENDRA KUMAR TIWARI)

10
Jabalpur, Dated : 21-08-2018
Mr. Vinod Kumar Dubey, learned counsel for the appellant.
Mr. K.K.Verma, learned counsel for the respondent.

Heard on I.A.No.11098/2017, which is an application under
Section 24 of the Hindu Marriage Act seeking maintenance pendente lite
and expenses of the proceedings.

The respondent has filed the reply to the said application, wherein
it is not said that the appellant is earning. It is contended that the
appellant was not in a fit state of mind at the time of solemnization of
marriage, therefore, such a marriage is liable to be dissolved. More so,
the respondent is earning Rs.5000/-, in which, he has to maintain his
parents, therefore, amount of maintenance pendente lite cannot be
awarded.

After hearing learned counsel for both the parties and looking to
the averments made in the application and the documents filed by the
appellant and the reply of the respondent, in our considered opinion,
Rs.4000/- towards maintenance pendente lite is fit to be granted to the
appellant-wife.

In view of the foregoing, I.A.No.11098/2017 stands allowed.
Maintenance pendente lite of Rs.4000/- (Rupees Four Thousand Only) is
hereby directed and litigation expenses of Rs.15000/- (Rupees Fifteen
Thousand Only) to be paid to the appellant-wife. It is further directed
that as and when directed by the Court if the appellant appears, the to and
fro expenses shall also be paid equivalent to AC Class-III to the
appellant-wife and expenses of night stay of the said date. The
maintenance pendente lite is payable from April, 2018.

With the aforesaid, I.A.No.11098/2017 stands disposed of.

(J.K. MAHESHWARI) (AKHIL KUMAR SRIVASTAVA)
JUDGE JUDGE

nd
Digitally signed by NEETI
TIWARI
Date: 2018.08.24 03:35:50
-07’00’

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