HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 1945/2019
Ghewar Ram S/o Shri Multanaram, Aged About 25 Years, B/c Jat,
R/o Mayla House, Udai Nagar Deshnok, Tehsil Lohawat, District
Jodhpur (Rajasthan)
—-Appellant
Versus
Guddi W/o Ghewar Ram, D/o Sriram, B/c Jat, R/o Village –
Kharia, Post-Ridmalsar, Tehsil Phalodi, District Jodhpur
(Rajasthan)
—-Respondent
For Appellant(s) : Mr. B.R.Chahar
HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
03/10/2019
1. This appeal is filed by the appellant assailing the legality of
the order dated 15.4.19 passed by the Family Court No.1, Jodhpur
in Civil Original Case No.20/17, whereby an application preferred
by the respondent under Section 24 of the Hindu Marriage Act,
1955 (for short “the Act of 1955”) has been allowed. The appellant
has been directed to pay maintenance pendente lite a sum of
Rs.5,000/- per month to the respondent.
2. The appellant filed a petition against the respondent seeking
divorce under the provisions of Section 13 of the Act of 1955.
During the pendency of the petition, the respondent filed an
application under Section 24 of the Act of 1955, claiming
maintenance pendente lite from the appellant a sum of
Rs.15,000/- per month, Rs.5,000/- towards house rent,
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Rs.25,000/- towards litigation expenses and Rs.1,000/- towards ‘to
and fro’ expenses to attend each date of hearing. The respondent
averred in the application that she has no source of income
whereas, the appellant is having 25 bighas irrigated land and 195
bighas other agriculture land, wherefrom he is earning Rs.5 lacs
and Rs.40-45 lacs per annum respectively.
3. After due consideration of the rival submissions, the Family
Court determined the maintenance pendente lite payable by the
appellant to the respondent as Rs.5,000/- per month.
4. Learned counsel appearing for the appellant contended that
the respondent has left the company of the appellant on her own
volition and therefore, she is not entitled for any maintenance. It is
submitted that the appellant is a religious person, who has left his
house after his disturbed marital life and presently, he is staying in
a temple as saint and has no source of income whatsoever.
5. We have considered the submissions of the learned counsel
and perused the material on record.
6. Indisputably, the purpose behind Section 24 of the Act of
1955 is to provide necessary financial assistance to the party to
the matrimonial dispute who has no independent income of his
own sufficient for her or his support or to bear the expenses of the
proceedings. While considering the application for award of interim
maintenance, the relevant consideration is the inability of the
spouse to maintain himself or herself for want of independent
income or inadequacy of the income to maintain at the level of
social status of other spouse.
7. It is pertinent to note that the appellant has not disputed the
factum of his being khatedar tenant of 25 bighas irrigated land and
195 bighas other agriculture land. It is true that there was no
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cogent evidence brought on record regarding actual income of the
appellant but obviously, the appellant having huge agriculture
land, must be earning a reasonable income. The respondent
having left the company of the appellant on her own volition,
cannot be a ground to deny the maintenance pendente lite.
Admittedly, nothing was brought on record to show that the
respondent has her own source of income.
8. Thus, on the facts and the circumstances of the case, the
order impugned passed by the Family Court determining a meagre
amount of Rs.5,000/- as maintenance pendente lite payable to the
respondent by the appellant cannot be said to be excessive so as
to warrant interference by us in exercise of appellate jurisdiction.
9. The appeal is therefore, dismissed.
(VINIT KUMAR MATHUR),J (SANGEET LODHA),J
27-Aditya/-
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