HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 525/2019
Nitesh Soni @ Monu S/o Shri Surendra Kumar Soni, Aged About
22 Years, R/o Gopeshwar Basti, Ganga Shahar, Bikaner.
—-Appellant
Versus
Priyanka @ Mohini @ Piku W/o Shri Netesh Soni, Aged About 20
Years, D/o Shri Kishan Gopal, R/o Ward No. 30, Mohanpura,
Nokha, District Bikaner.
—-Respondent
For Appellant(s) : Mr. Rajesh Choudhary
For Respondent(s) :
HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE MR. JUSTICE DINESH MEHTA
Order
12/03/2019
1. This appeal is directed against order dated 16.1.19 passed
by the Family Court No.2, Bikaner, in Case No.31/18 (50/18),
whereby an application preferred by the respondent u/s 24 of the
Hindu Marriage Act, 1955( in short “the Act of 1955”) has been
partly allowed and the appellant has been directed to pay a sum of
Rs.3,000/- per month to the respondent as maintenance pendente
lite and further to pay a sum of Rs.5,000/- in lump sum as
litigation expenses and Rs.100/- towards to and fro expenses for
each date of hearing.
2. Learned counsel for the appellant submitted that the order
impugned directing payment of maintenance pendente lite to the
respondent has been passed by the Judge, Family Court, without
(2 of 3) [CMA-525/2019]
application of mind. Learned counsel submitted that the appellant
is presently engaged in training of goldsmith work and his income
is uncertain and thus, the Family Court has seriously erred in
directing payment of maintenance to the respondent a sum of
Rs.3,000/- per month. Learned counsel submitted that the
respondent is earning sufficient income by way of tuition and
therefore, she is not entitled to any maintenance from the
appellant.
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 has no source of income but it has
come on record that he is engaged in job of goldsmith and has
sufficient source of income. Even if the appellant is not earning a
sum of Rs.1,00,000/- per month as averred by the respondent,
looking at the nature of job wherein he is engaged, it can be
reasonably presumed that he must be earning a reasonable sum.
There was absolutely no evidence on record showing that the
respondent has any independent source of income. Thus, taking
(3 of 3) [CMA-525/2019]
into consideration the facts and circumstances of the case, the
order impugned passed by the Family Court awarding a meagre
sum of Rs.3,000/- as maintenance pendente lite and Rs.5,000/-
lump sum towards litigation expenses cannot be said to be
excessive.
5. 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.
6. Accordingly, the appeal is dismissed in limine.
(DINESH MEHTA),J (SANGEET LODHA),J
81-Aditya/-
Powered by TCPDF (www.tcpdf.org)