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Hitesh Kumar vs Smt. Kripa on 20 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3145/2017

Hitesh Kumar S/o Shri Ravindra Kumar, Age-37 years, By Caste-
Dabgar, R/o Sabji Mandi, Behind police station, Abu Road,
District-Sirohi.

—-Appellant
Versus
Smt. Kripa W/o Hitesh Kumar, By Caste-Dabgar, R/o Sabji Mandi,
Behind police station, Abu Road, District-Sirohi.

—-Respondent

For Appellant(s) : Mr. Ashok Patel
For Respondent(s) : Mr. Bharat Singh

HON’BLE MR. JUSTICE P.K. LOHRA

Order

20/09/2018

Appellant-husband has laid this appeal under Section 28 of

the Hindu Marriage Act, 1955 (for short, ‘the Act’) to challenge

order dated 18.05.2017, passed by District Judge, Sirohi (for

short, ‘learned Court below’), whereby learned Court below has

partly allowed application of respondent-wife under Section 24 of

the Act in a petition for dissolution of marriage laid by the

appellant-husband.

In the application, it is inter-alia, averred by the respondent-

wife that appellant is earning Rs.50,000/- per month, and

therefore, she may be allowed Rs.20,000/- as maintenance

pendente lite. The application is contested by the appellant.

Learned Court below, after examining the matter and taking into

account a very vital fact that respondent-wife is living in penury as

she is unable to maintain herself, has partly allowed the petition
(2 of 2) [CMA-3145/2017]

and granted Rs.7,000/- per mensom as maintenance pendente lite

and Rs.500/- per day expenses for attending proceedings of the

Court.

I have heard learned counsel for the appellant as well as

learned counsel for the respondent and perused the impugned

order.

Upon perusal of the impugned order, in my opinion, learned

Court below has assessed maintenance pendente lite moderately

in the present era of inflation, which cannot be categorized as

infirm or exorbitant. In the matter of grant of maintenance under

Section 24 of the Act to a spouse, the only consideration is that

the spouse seeking maintenance must not have independent

income sufficient for her/his support. Once the Court reaches to

the conclusion that there is no independent source of income of

the spouse seeking maintenance, then, the only discretion left

with the Court is to quantify maintenance amount.

Learned Court below, while considering the legislative intent

and admitted fact that respondent is having no independent

income to maintain herself, has granted reasonable amount of

maintenance pendent lite, which requires no interference in

exercise of appellate jurisdiction.

In totality, I record my satisfaction about impugned order as

the same does not suffer from any error much less manifest error

of law on fact.

Consequently, the appeal fails and same is hereby dismissed.

(P.K. LOHRA),J

Anil Kumar Choudhary/26

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