HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 2965/2018
Indra Ram @ Shravan Ram S/o Rakha Ram, Aged About 25
Years, B/c Meghwal, Occupation Labour, R/o Indra Colony, Pipar
City, Dist. Jodhpur.
—-Appellant
Versus
Raji Devi W/o Indra Ram @ Shravan Ram, Aged About 23 Years,
B/c Meghwal, Occupation Labour, R/o Pipar City. At Present
Siyara, Teh. Pipar City, Dist. Jodhpur. (Raj.)
—-Respondent
For Appellant(s) : Mr. H.S.Balot
For Respondent(s) : Mr. S.S.Gaur for Mr. R.S.Choudhary
HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE MR. JUSTICE DINESH MEHTA
Order
12/03/2019
1. This appeal is directed against order dated 12.7.18 passed
by the Family Court No.2, Jodhpur, in Civil Misc. Application
No.58/17, whereby an application preferred by the respondent u/s
24 of the Hindu Marriage Act, 1955( in short “the Act of 1955”)
has been allowed and the appellant has been directed to pay
maintenance pendente lite to the respondent for herself and her
minor daughter a sum of Rs.2,500/- each per month and further
to pay a sum of Rs.5000/- in lump sum as litigation expenses and
Rs.500/- towards to and fro expenses on each date of hearing.
2. Learned counsel for the appellant submitted that the
respondent is already being paid maintenance a sum of Rs.1,000/-
for herself and Rs.500/- for the minor daughter pursuant to order
(2 of 3) [CMA-2965/2018]
dated 2.5.17 passed by the Judicial Magistrate, Pipar City in
proceedings under the Domestic Violence Act, 2005 (for short “the
Act of 2005”) and therefore, the Family Court was not justified in
directing payment of further maintenance to the respondent.
Learned counsel submitted that the amount of Rs.5,000/- awarded
towards litigation expenses is also excessive. It is submitted that
the appellant has no source of income and therefore, without
ascertaining the income of the appellant, order impugned passed
directing payment of maintenance to the respondent is not
sustainable in the eyes of law.
3. On the other hand, the counsel appearing for the respondent
while supporting the order passed by the Family Court, submitted
that as a matter of fact, the amount of maintenance determined
by the Family Court is too meagre and deserves to be enhanced.
4. 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 sufficient means to maintain
himself/herself 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.
5. No hard and fast rule can be laid down for determination of
the amount of interim maintenance. Though, the appellant has
attempted to project that he has no source of income but it has
come on record that as a labourer, he is earning a sum of Rs.600/-
(3 of 3) [CMA-2965/2018]
per day. Thus, on the overall consideration of the matter, the
interim maintenance a sum of Rs.2,500/- per month each for the
respondent herself and her minor daughter, determined by the
Family Court, cannot be said to be in higher side. While passing
the order as aforesaid, the Family Court has specifically ordered
that if the respondent is receiving any maintenance in any other
proceedings, the same shall be adjusted against the maintenance
to be paid in terms of the order impugned and thus, nothing turns
on the question that the order granting maintenance has also
been passed by the Judicial Magistrate in the proceedings under
the Act of 2005. The lump sum litigation expenses of Rs.5,000/-
awarded also cannot be said to be excessive.
6. For the aforementioned reasons, we are of the opinion that
the order impugned passed by the Family Court does not suffer
from any illegality or irregularity warranting interference by this
court in exercise of its appellate jurisdiction.
7. Accordingly, the appeal is dismissed in limine.
(DINESH MEHTA),J (SANGEET LODHA),J
26-Aditya/-
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