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Kaluram vs Guddi @ Saroj on 19 February, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 194/2019

Kaluram S/o Sh. Chelaram, Aged About 53 Years, B/c Jat, R/o
Gram Khejarla Tehsil Bilara, District Jodhpur.

—-Appellant
Versus
Guddi @ Saroj, W/o Sh. Kaluram, Aged About 35 Years, D/o Sh.
Gordhanram, B/c Jat, R/o Village Bakaliya, Tehsil Pipar, District
Jodhpur.

—-Respondent

For Appellant(s) : Mr. Veer Aditya Singh Rathore
For Respondent(s) :

HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE MR. JUSTICE DINESH MEHTA

Order

19/02/2019

1. This appeal is directed against order dated 22.11.18 passed

by the Family Court No.1, Jodhpur, in Civil Misc. Application

No.622/17, 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 a sum of Rs.5000/- per month as the maintenance pendente

lite to the respondent and further to pay a sum of Rs.5000/- in

lump sum as litigation and travelling expenses.

2. Learned counsel for the appellant submitted that without

ascertaining the correct factual position regarding the source of

income of the respondent, the Family Court has seriously erred in

awarding interim maintenance a sum of Rs.5,000/- per month to
(2 of 3) [CMA-194/2019]

the respondent, stating that the appellant-husband has the

responsibility to maintain the respondent-wife. Learned counsel

submitted that the respondent deliberately left the matrimonial

home without any justifiable reason and therefore, she is not

entitled for any maintenance. Learned counsel submitted that the

appellant is a poor agriculturist and without there being any

cogent evidence regarding his source of income, the amount of

maintenance awarded is in much higher side. Learned counsel

submitted that order passed by the Family Court is ex facie non

speaking order.

3. 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.

4. 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 is a poor agriculturist but the factum

of the appellant earning a reasonable income from agriculture and

livestock breeding, cannot be denied. Thus, on the overall

consideration of the matter, the interim maintenance a sum of

Rs.5,000/- per month determined by the Family Court, while

permitting adjustment of the amount of maintenance awarded in
(3 of 3) [CMA-194/2019]

favour of the respondent in other proceedings, cannot be said to

be in higher side. The wife leaving the matrimonial home without

justifiable reason cannot be a ground for denying maintenance

pendente lite under Section 24 of the Act of 1955.

5. For the aforementioned reasons, in considered opinion of this

court, 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.

6. Accordingly, the appeal is dismissed in limine. The stay

petition also stands disposed of.

(DINESH MEHTA),J (SANGEET LODHA),J
60-Aditya/-

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