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FA/51/2021 on 21 June, 2021

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IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL

THE HON’BLE THE CHIEF JUSTICE Mr. RAGHVENDRA SINGH CHAUHAN

AND

THE HON’BLE JUSTICE Mr. ALOK KUMAR VERMA

FIRST APPEAL NO. 51 OF 2021

21ST JUNE, 2021

BETWEEN:

Santosh Singh Airi ……Appellant.
and

Smt. Sunita Aithani ….Respondent

Counsel for the appellant: Mr. Mehboob Rahi, learned proxy
counsel for Mr. Abhishek Verma,
Advocate.

Counsel for the respondent: None.

The Court made the following:

JUDGMENT: (per Hon’ble The Chief Justice Sri Raghvendra Singh Chauhan)

The appellant has challenged the legality of the

order dated 08.04.2021, passed by the Family Court,

Kashipur, District-Udham Singh Nagar, whereby the learned

Family Court has granted a maintenance of Rs. 6,000/- per

month to the respondent, wife.

2. Briefly, the facts of the case are that the appellant

(husband) and the respondent (wife) got married on

07.03.2019 according to the Hindu rites and customs. On

16.11.2020, they were blessed with a son. However,

according to the respondent (wife), she was not only
2

physically and mentally tortured for dowry, but also on

03.08.2020, she was forcibly evicted from the matrimonial

house. Since then, she has been living with her widowed

mother. Meanwhile, the appellant (husband) has filed a

divorce petition against the respondent (wife). Moreover,

since the respondent (wife) is living with her mother, she is

not in a position to look-after either herself, or her small

child. Therefore, the respondent had filed an Application

under Section 24 of the Hindu Marriage Act, 1955 for grant of

maintenance pendente lite.

3. By the impugned order dated 08.04.2021, the

learned Family Court has granted the maintenance as

aforementioned. Hence, this Appeal before this Court.

4. The learned counsel for the appellant submit that

since the respondent (wife) has filed a criminal case against

the appellant (husband), and has informed his employer.

Thereafter, the employer is threatening to dismiss him from

the service. Thus, according to the learned counsel for the

appellant, the appellant is not in a position to maintain his

wife and the child. Moreover, according to him, the

respondent (wife) is able to take a job for herself. Hence,

according to the learned counsel, the impugned order

deserves to be set aside by this Court.

5. Heard the learned counsel for the appellant, and

perused the impugned order.

3

6. A bare perusal of the impugned order clearly

reveals that the learned Court has noticed the fact that the

appellant (husband) is earning Rs. 58,000/- per month.

Moreover, even if the appellant (husband) were to lose the

job, even then he is legally duty bound to maintain his wife

and the child. Moreover, there is no evidence to show the fact

that the respondent (wife) was ever employed, or at present

she has any job in her hand.

7. Considering the fact that the appellant (husband) is

earning Rs. 58,000/- per month, and considering the fact that

it is his legal duty to maintain his wife and the child, the grant

of the maintenance of merely Rs. 6,000/- per month is

certainly not an unreasonable amount.

8. Therefore, this Court does not find any illegality or

perversity in the impugned order.

9. For the reasons stated above, this Court does not

find any merit in the present Appeal. It is, hereby, dismissed.

10. In sequel thereto, pending application, if any, also

stands disposed-of.

11. No order as to costs.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(ALOK KUMAR VERMA, J.)
Dated: 21st June, 2021
Rathour

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