HIGHT COURT OF JUDICATURE CHHATTISHGARH :^ILASPUR Sinaie Bench : Hon'ble Shri S.R. NAYAK. 037 !.(' ^ APPLICANT NON-APPLICANT IUI!'1: Writ Petition N0.5575 OF 2005 Vimai Kumar, aged about27 years, S/o Laxmaia. Dewangan, R/oVillage Bore, P.S. Bori, Tahsil Dhamda, Distt. Durg (C.G.) Versus Rekha Bai, W/o Vimal Kumar, Dewangan, Village Kongiakala, P.S. Tahsil Saja, Distt. Durg, At present, R/o Shakti Nagar, Durg (C.G.) Present: Mr. D.N. Prajapati, learned counsel for the petitioner. li:l::]Si- (Passed on 2"° December, 2005) In a petition filed by the petitioner herein for dissolution of the marriage.the respondent-wife filed an application under Section 24 of the Hindu Marriage Act, 1955, for maintenanee. The appiication was contested by the petitioner herein. Learned Family Judge having appreciated the pieadings filed bythe parties and thedocumentsadduced in supportofthe claim though it fit to grant interim maintenance at the rate of Rs. 8QO/- per month to the respondent-wife. Learned Family Judge hasalso directed the petitioner to pay Rs. 5,000/- towards litigation expenses by the order under — ^-— 038 7; J gy^J <; ^ (2$ Heard Mr. D.N. Prajapati, learned counsel for the petitioner and perused the material papers appended to the writ petition. it was contended that the respondent is having illicit reiationship with another person and therefore she is not entitled to any maintenance. That is the plea taken by the petitioner in his petition for divorce. That allegation is yet to be established by legal evidence. At thisstage, that plea cannot be taken into account for denying maintenance to the wife. The respondent is a legally wedded wife of the petitioner is not in dispute. What isawarded is minimum maintenance that couid be paid by any husband to his wife. At this fime and place Rs. 800/- "as month'y maintenance could not be regarded as something arbitrary or unreasonable. There is absolutety no case made out for this Court to interfere. The writ petition is devoid of merit and it is accordingly dismissed. However, the iearned trial Judge shall expedite the triaiofthe case. There is no order as to costs. Sd/- ': Chief Justice : [Kl.