C.R. No. 4011 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4011 of 2007 Date of Decision: July 14, 2009 Smt. Tara Rani …..Petitioner Vs. Ashwani Kumar …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. Sanjay Verma, Advocate for the petitioner. Mr.Amit Jaswal, Advocate for the respondent. -.- M.M.S. BEDI, J. (ORAL) Counsel for the respondent has informed that as per the undertaking given by the petitioner, she has already vacated the Government house of the respondent- husband. This petition has become infructuous so far as the conditional order was passed. C.R. No. 4011 of 2007 [2] I have heard gone through the facts and circumstances of this case. The petitioner wife, as per her undertaking, has vacated the Government accommodation which had been allotted to her husband. No doubt one of her son staying with her has become major and the second is studying in 9th class and they have got independent right against the respondents but the factor that she is maintaining both the children born out of the wed-lock, a sum of Rs.3000/- per month, after she has vacated the matrimonial home, seems to be meager amount. Counsel for the respondent has vehemently opposed the petition contending that as the elder son has become major, he is not entitled for any maintenance and the children have got independent right, if any, against respondent. After considering the contention of counsel for the respondent, I am of the opinion that while adjudicating the application under Section 24 of the Hindu Marriage Act, the right of maintenance of children is not generally considered but the factor that the children are being maintained by the wife can certainly be taken into consideration. Taking into consideration the said factors, I deem it appropriate to enhance the interim maintenance from Rs.3000/- per month to Rs.4500/- per month and litigation expenses from Rs.2500/- to Rs.10000/-. This order will be operative form the date of the order passed by this Court. This petition is disposed of by modifying the impugned order enhancing the interim maintenance from Rs.3000/- per month to Rs.4500/- per month and litigation expenses from Rs.2500/- to Rs.10000/-. C.R. No. 4011 of 2007 [3] July 14, 2009 (M.M.S.BEDI) sanjay JUDGE