Civil Rev. 5296 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 5296 of 2008 Date of decision: 10.8.2009 Jaswinder Kaur Petitioner vs Sukhminder Singh Respondent Present Mr. Bikramjit Arora, Advocate M.M.S.BEDI,J. The petitioner has received dasti summons for service of the respondent. It has been stated by the learned counsel for the petitioner that summons have been served upon the respondent but these have been sent back through the office of the learned District Judge, Amritsar, as such they have not been received back in the High Court. Accordingly, the petition has been taken up for hearing ex-parte against the respondent. Vide impugned order dated 11.8.2008, the petitioner has been awarded a total sum of Rs.2500/- per month u/s 24 of the Hindu Marriage Act along with a sum of Rs.3000/- as litigation expenses. It is pertinent to observe here that a sum of Rs.2500/- per month as interim maintenance to the wife includes Rs.750/- per month each for both the minor children. Learned counsel for the petitioner has contended that the respondent is living a luxurious life with all modern amenities available to him and that the interim maintenance awarded is meager taking into consideration the standard of living of the respondent. It has been argued that the minor children have been awarded a meager sum of Rs.750/- per month each. Civil Rev. 5296 of 2008 2 After hearing learned counsel for the petitioner, I am of the opinion that the trial court has not determined the maintenance for the minor children but the factum that the minor children are staying with the petitioner, has been taken into consideration for calculating the amount, which is payable to the petitioner. Section 24 of the Hindu Marriage Act deals with the grant of interim maintenance to the wife in proceedings under the Hindu Marriage Act. In case the expenses incurred by the petitioner for maintaining the minor children has been taken into consideration , it will not prejudice the rights of the minor children to claim maintenance as per the statutory provisions available in their favour. The impugned order dated 11.8.2008 will not, in any manner, prejudice their rights. So far as the litigation expenses , determined as Rs.3000/- by the trial court , are concerned, they seem to be inadequate. The litigation expenses are enhanced from Rs.3000/- to Rs.10,000/- with no interference in other part of the order. The revision petition stands disposed of in the above terms. August 10 ,2009 ( M.M.S.BEDI ) TSM JUDGE