THE HIGH COURT OF MADHYA PRADESH
WP-3221-2017
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(DHIRENDR LOHIYA Vs SMT. KIRTI LOHIYA)
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Jabalpur, Dated : 21-11-2017
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Shri Shailendra Verma, learned counsel for the petitioner.
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This petition, under Article 227 of the Constitution of India
has been filed challenging the order dated 15.2.2017 passed by
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the Principal Judge, Family Court, Jabalpur granting maintenance
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pendente lite Rs.5000/- and Rs.6000/- towards litigation
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expenses.
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After hearing learned counsel appearing on behalf of the
petitioner and on perusal of the findings as recorded by the
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learned trial Court, particularly, in para-11 and 13, it is apparent
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that no document regarding earning of the respondent is on
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record, moreso, Bio Data sent at the time of solemnization of
marriage indicate his earning Rs.3-4 lacs. In such circumstances,
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Rs.5000/- per month awarded by the Family Court for grant of
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maintenance pendente lite cannot be said to be on higher side,
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therefore, interference under Article 227 of the Constitution is not
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warranted.
Accordingly, this petition stands dismissed.
(J.K. MAHESHWARI)
JUDGE
PK
PARITOSH KUMAR
2017.11.22 10:49:15
+05’30’
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