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Madhya Pradesh High Court

Ramnarayan Bilhatiya vs Smt. Geeta Bilhatiya on 19 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
FA No. 1814 of 2019
(RAMNARAYAN BILHATIYA Vs SMT. GEETA BILHATIYA)

Dated : 19-02-2024
None for the appellant-husband.

Shri Manish Nayak – Advocate for respondent-wife.

None appeared on behalf of the appellant on 31-01-2024 and 12-02-
2024. Today also, none has appeared for the appellant.

On the last date, this Court made it clear that non-appearance of either the

appellant or his counsel shall not detain this Court from passing order on I.A.
No.7348 of 2023, an application seeking maintenance pendent lite under Section
24 of the Hindu Marriage Act.

I.A. No.7348 of 2023 is taken up for consideration.

Appellant has come before this Court against dismissal of his petition
seeking divorce on the ground of mental and physical cruelty etc. by the Family
Court.

Marriage between appellant and respondent was solemnized on 05-05-
2003. Out of the wedlock, they were blessed with three children; daughter-

Nischal Bilhatiya aged about 17 years, son-Pranjal aged about 14 years and
daughter-Poorvi aged about 12 years. All three children are residing with
respondent/wife at Jhanshi and they are prosecuting studies there. Respondent/
wife is a government teacher in Government Primary School, Pratappura,
Jhanshi and drawing salary of Rs.25,000/- per month and after deduction of
substantial amount, her carry-home salary is a meagre amount to meet both
ends meal, much less raising children with recurring expenditure of education as
well as legal expenses. Therefore, she has preferred application for grant of
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interim maintenance. It is also submitted by learned counsel for the respondent-
wife that appellant-husband is a government teacher in Government ITI College,
Gwalior and stated to have been drawing salary of Rs.1,23,000/- per month.

Appellant or his counsel is not present today. Law is well settled that wife
and children are entitled to lead the same standard of life as the husband is
leading.

Under such circumstances, we are of the view that in the obtaining facts
and circumstances of the case, it would be in the fitness of things to allow the
I.A. and grant Rs.40,000/- per month as interim maintenance to the respondent/
wife to meet out expenses including educational expenses of her three children

as well as legal expenses. Accordingly, we order that appellant/ husband shall
pay Rs.40,000/- per month as an interim maintenance to the respondent/wife
from the date of filing of the application i.e. 15-12-2023.

Learned counsel for the respondent/wife is directed to serve a copy of
the order passed today to the Principal of Government ITI College, Gwalior for
deduction of Rs.40,000/- directly from the salary of the appellant/ husband
from the month of March, 2024 and transfer the same into the account of the
respondent/ wife bearing Account No.7279000400000029 of Punjab National
Bank Jhanshi Kanpur Road, Jhanshi (U.P.) IFSC Code PUNB0531100 through
RTGS. Arrears of the amount of interim maintenance from the date of filing of
the application up till now i.e. for two months (Rs.80,000/-) is also to be paid
by the appellant/ husband. Therefore, the Principal ITI College, Gwalior is
directed to deduct the said amount of Rs.80,000/- in six equal installments
(within six months) from the salary account of the appellant/ husband and
transfer the same in the account of the respondent-wife in the same manner.

Non-compliance or default of payment of said amount shall be viewed
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seriously and entitle the respondent- wife to approach this Court to ensure
realization of the arrears of the interim maintenance or regular payment thereof
with interest @ 9% per annum, through coercive measures.

I.A. stands disposed of.

(ROHIT ARYA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE

vc

VARSHA
CHATURVEDI
2024.02.20
12:17:47 +05’30’