SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Kaluram vs Saroj @ Guddi on 19 February, 2019

D.B. Civil Misc. Appeal No. 193/2019

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

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


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




1. This appeal is directed against order dated 22.11.18 passed

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

No.359/18, 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

the respondent, stating that the appellant-husband has the
(2 of 3) [CMA-193/2019]

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


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

favour of the respondent in other proceedings, cannot be said to
(3 of 3) [CMA-193/2019]

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.



Powered by TCPDF (

Leave a Reply

Your email address will not be published. Required fields are marked *

Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.


Copyright © 2021 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation