Smt. Sulochna vs Ajay Singh Dhoshi on 23 June, 2017



Shri S.K. Shrivastava, learned counsel for the petitioner-wife.
None for the respondent-husband.

This petition under Article 227 of the constitution of India has
been filed arising out of an order dated 9.3.2016 passed by the
Principal Judge, Family Court, Tikamgarh allowing an application
under Section 24 of the Hindu Marriage Act for grant of maintenance
pendente lite.

Learned counsel for the petitioner contends that Principal Judge,
Family Court in paragraph-8 has accepted the pay of the husband
Rs.42,114/- per month being a government employee serving in the
Water Resources Department even then awarded maintenance of
Rs.5000/- which is on lower side. Alongwith the writ petition pay slip
of August, 2015 of the husband has been filed wherein the same pay
has been acknowledged after deduction. The trial court also in the
proceeding under Section 125 of Cr.P.C. awarded Rs.7,500/- towards
maintenance, therefore, looking to the salary of the husband,
maintenance pendente lite awarded Rs.5000/- is on lower side, which
is hereby enhanced to Rs.10,000/-. It is made clear here that petitioner
would be entitled to receive the total maintenance of Rs.10,000/-. The
amount of maintenance directed by the trial court in a proceeding
under Section 125 of Cr.P.C. shall be adjusted in the total amount of
maintenance Rs.10,000/-.

Accordingly, this petition is allowed and disposed of with the
enhancement of maintenance pendente lite from Rs.5000/- to 10,000/-.
Petitioner is also entitled to the cost of this litigation, which is
quantified as Rs.5000/- payable by the husband.



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