HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 32
Case :- FIRST APPEAL No. – 63 of 2020
Appellant :- Ramsaran
Respondent :- Smt. Sudesh
Counsel for Appellant :- Manoj Kumar, Manish Kumar
Hon’ble Shashi Kant Gupta,J.
Hon’ble Vipin Chandra Dixit,J.
This appeal has been filed against the order dated 13.12.2019 passed by the Principal Judge, Family Court, Gautam Budh Nagar in Misc. Case No. 275 of 2019 (Smt. Sudesh Versus Ramsaran) under Section 24 of the Hindu Marriage Act wherein Rs.5000/- towards maintenance pendente lite for respondent and her minor son, Rs.5000/- lump sum for litigation expenses and Rs.200/- for attending the Court on each date of hearing has been awarded.
Heard learned counsel for the parties and perused the record.
Perusal of the record shows that a suit under Section 9 of the Hindu Marriage Act was filed by the appellant (husband) against the respondent (wife) and during the pendency of the said suit, an application under Section 24 of the Hindu Marriage Act was filed by the respondent for maintenance pendente lite and litigation expenses. In the said application, the respondent- Smt. Sudesh claimed Rs.20,000/- per month towards maintenance pendente lite for herself and her minor son, Rs.61,000/- lump sum towards litigation expenses and Rs.2000/- for attending the Court on each date of hearing. In the said application, it has been alleged by the respondent that she does not have any source of income to maintain herself and her minor son as well as to contest the case. It has been further alleged that the appellant is doing tailoring job in a private company and is also plying auto rickshaw. According to her the total income of the appellant is about Rs.55,000/- per month. She further stated that she has two minor sons, one of them is staying with her and the other child is staying along with the appellant. It has also been stated that the petitioner is having an agricultural land and is also raising cattle.
In reply, the appellant had filed his objection stating that he is doing labour work and does not have any agricultural land. It has been further stated that the parties are living separately since last 15-16 years and he has no source of income. After considering the facts and circumstances of the case, the Court below awarded Rs.5000/- towards maintenance pendente lite for respondent and her minor son, Rs.5000/- lump sum for litigation expenses and Rs.200/- for attending the Court on each date of hearing.
Considering the facts and circumstances of the case and keeping in mind the spiraling inflation rate and high cost of living index, we are of the opinion that Rs.5000/- towards maintenance pendente lite for respondent and her minor son, Rs.5000/- lump sum for litigation expenses and Rs.200/- for attending the Court on each date of hearing can not be treated to be on a higher side. There is nothing on record to establish that the respondent has sufficient source of income to maintain herself and her minor son. Admittedly, the respondent is a legally wedded wife of the appellant and It is not only moral obligation but it is the legal duty of the husband to maintain his wife and children.
The court below has given cogent, convincing and satisfactory reasons while awarding the maintenance and legal expenses. Reasons mentioned therein are good enough to satisfy the impugned order and no fault can be found with the approach adopted by the court below which may warrant any interference.
The appeal lacks merit and is accordingly dismissed.
It is made clear that this order will not come in way of the respondent, if she files any application/appeal for enhancement of maintenance and litigation expenses.
Order Date :- 20.1.2020