Anurag Dwivedi vs Neha Dwivedi on 9 August, 2017

WP-19279-2016
(ANURAG DWIVEDI Vs NEHA DWIVEDI)

09-08-2017

Shri Shreyas Dubey, learned counsel for the petitioner.
Shri Sanjay Pandey, learned counsel for the respondents.

This petition under Article 227 of the Constitution of India has
been filed by the husband challenging the order dated 18.10.2016
granting maintenance pendente lite Rs.75,000/- and litigation expenses
Rs.20,000/- to the wife.

On perusal of the order impugned it reveals that the trial Court
presumed the earning of the petitioner as Rs.4,00,000/- per month
while as per the pay-slip of the August-2016 his total earning is
Rs.3,28,543/- and his net earning is Rs.2,22,845/-. Out of which he is
paying income tax of Rs.84,872/-. In such circumstances, the amount
of maitenance pendente lite as allowed by the trial Court is based on
hypothesis and is without considering the pay-slip, and his real
earning.

Learned counsel for the respondent urged that the said pay-slip
is very old and is not filed before the trial Court, therefore, it may not
be considered and interference is not warranted.

After hearing learned counsel for both the parties and looking to
the fact that pay-slip of August-2016 may not have been brought to the
notice of the trial Court but it is filed before this Court, which is not
rebutted by the other side by filing any document. It is further seen
that the order impugned has been passed in October-2016, to which
the pay-slip of August-2016 is relevant and it cannot be said to be old.

In view of the discussion made herein above, in my considered
opinion, maintenance pendente lite Rs.75,000/- granted by the Family
Court is on higher side, however, looking to the pay-slip, it is liable to
be reduced to Rs.50,000/- per month. But, the litigation expenses as
granted by the trial Court is hereby maintained.

READ  Anubhav Gupta vs State Of Rajasthan on 5 October, 2009

Accordingly, this petition stands allowed in part to the extent
indicated herein above modifying the order of trial Court to grant
maintenance pendente lite.

With the aforesaid, this petition stands disposed of.

(J.K. MAHESHWARI)
JUDGE

Raju

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