Leave granted.
During the pendency of H.M.A. Case No.158 of 2003 instituted by the
appellant under Section 9 of the Hindu Marriage Act, 1955 [for short, `the Act'], the
respondent filed an application under Section 24 of the Act for interim maintenance.
By an order dated 22nd May, 2004, District Judge, Yamuna Nagar, directed the
appellant herein to pay interim maintenance to the respondent at the rate of Rs.750/-
per month, apart from Rs.1,100/- as litigation expenses. The respondent challenged
that order by filing a petition under Article 227 of the Constitution of India. By the
impugned order, the High Court directed the appellant to pay Rs.5,000/- per month to
the respondent as interim maintenance. The High Court also enhanced the litigation
expenses from Rs.1,100/- to Rs.10,000/-.
We have heard learned counsel for the parties.
A reading of the order under challenge shows that even though the
respondent did not produce any evidence about the income of the appellant, the High
Court enhanced the interim maintenance by assuming the appellant's income is
Rs.15,000/- per month. Learned counsel appearing on behalf
of the respondent could not show that there was any material for enhancing the
maintenance. Therefore, we hold that the High Court was not justified in enhancing
the amount of maintenance.
Accordingly, the appeal is allowed and the impugned order passed by the
High Court is set aside.
[G.S. SINGHVI] New Delhi, February 23, 2009.