Tikamchand Sahu v. Smt. Aanchal Sahu

HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 517 of 2018 Tikamchand Sahu S/o Gendlal Sahu Aged About 30 Years R/o Kenvtadih, Bhutaha, P. S. Pachpedi, Tahsil Masturi, District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

Smt. Aanchal Sahu W/o Tikamchand Sahu Aged About 22 Years R/o In front of Primary School Bhurkunda, P. S. Pachpedi, Tahsil Masturi, District Bilaspur, Chhattisgarh.

----Respondent For petitioner- Shri Vikash Pandey, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 25/06/2018 Heard.

1.

Instant petition is against the order dated 6/04/2018 whereby it was directed that the petitioner who is husband will pay Rs.200/- as travelling expenses and one time payment of Rs.2000/- as litigation expenses to the respondent/wife.

2.

Learned counsel for the petitioner would submit that said order granting travelling expenses and the litigation expenses is completely illegal which cannot be allowed. Learned counsel submits that correct order has been passed to pay an amount of Rs.1500/- to the respondent/wife as an interim maintenance. Therefore, it is prayed that order may be set aside.

3.

Perused the impugned order. It appears that divorce case has been preferred by the husband which is pending before the family court. During pendency of such petition an application under Section 24 of the Hindu Marriage Act was filed for interim maintenance as also it was prayed that litigation expenses and the travelling expenses may be given

to the wife. On that the learned court below has passed an order to pay an amount of Rs.200/- as travelling expenses and daily allowance expenses to appear on the date of the case. An amount of Rs.2000/- has been passed as one time for litigation expenses. After going through the same considering the price index which is prevailing in the society amount so granted by the family court do not appear to be exorbitant which needs any interference in exercise of power under Article under 227 of Constitution of India.

4.

Accordingly, the petition has no merit and it is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri