IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.91 of 2019
Ranjeet Kumar Soni, son of Late Dhaneshwar Prasad, resident of village-
Shitalpur, P.S.- Taraiya, District-Saran
… … Appellant/s
Versus
Puja Devi wife of Ranjeet Kumar Soni, daughter of Ashok Prasad Sah,
resident of village- Shitalpur, P.S.-Taraiya, District- Saran. At present resident
of village- Maharajganj, P.S.- Chapra Muffasil, District- Saran
… … Respondent/s
Appearance :
For the Appellant/s : Mr.Shyamal Prakash, Advocate
For the Respondent/s : Mr.
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 16-01-2019
Heard learned counsel for the petitioner.
2. This application under Article 227 of the
Constitution of India has been filed by the petitioner for setting
aside the order dated 08.02.2018 passed by the learned Principal
Judge, Family Court, Saran at Chapra in Divorce Case No. 07 of
2017 whereby the petitioner has been directed to pay Rs. 8000/-
per month as maintenance pendente lite to his wife and minor
son during pendency of the proceeding.
3. The petitioner has filed an application under
Section 13 of the Hindu Marriage Act in the Court of Principal
Judge, Family Court, Saran at Chapra vide Divorce Case No. 07
of 2017 seeking a decree of divorce from his wife on the ground
of cruelty. It is an admitted fact that the couple has got a son
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from the wedlock in question.
4. After notice, the respondent filed an
application before the court below under Section 24 of the
Hindu Marriage Act seeking ad interim maintenance of rupees
thirty thousand per month towards maintenance for herself and
her minor son. The respondent claims that the petitioner being a
a goldsmith earns rupees sixty thousand per month and has got
agricultural income of rupees twenty thousand per month from
his five Bigha land. She has urged that she has no means to
maintain herself and her son. In reply, the petitioner took a plea
that he is a landless person having no piece of agricultural land
and he earns only rupees three thousand per month by selling
jewellery boxes for which he wanders here and there.
5. Having considered the rival claims, the
learned Principal Judge, Family Court, Saran at Chapra vide
impugned order dated 08.02.2016 directed the petitioner to pay
rupees eight thousand per month as maintenance pendente lite to
the respondent for maintaining herself and her son.
6. Learned counsel for the petitioner submitted
that the impugned order passed by the court below is perverse as
there was no material before the court on the basis of which it
could have awarded rupees eight thousand per month as
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maintenance pendente lite. He contended that the trial court has
failed to assess per month income of the petitioner before
passing the impugned order.
7. Considering the submissions made above
and the materials on record, I find that the respondent has
claimed that her marriage with the petitioner had been
performed on 04.12.2015. She has alleged that immediately
after marriage, the petitioner and his family members demanded
rupees two lacs as dowry and for non-fulfillment of the same
she was subjected to cruelty in various ways. Somehow, the
respondent managed to live in her matrimonial home and out of
the wedlock a son was also born. Subsequently, she was ousted
from her matrimonial home after snatching her ornaments and
clothes. The respondent has also claimed that earning of the
petitioner is rupees sixty thousand per month from the business
of gold and rupees twenty thousand per month from agricultural
land.
8. I further find that it is not the plea of the
petitioner that the respondent has got any source of income. It is
also not disputed that the petitioner is doing business. Though,
the respondent claims that he deals in gold, the petitioner has
taken a plea that he sells jewellery boxes and earns only rupees
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three thousand per month.
9. The object of maintenance pendente lite is to
provide financial assistance to the needy spouse to maintain
herself. Once the court finds a prima facie case that the indigent
spouse is unable to maintain herself, it is required to exercise its
discretionary power to award proper ad interim maintenance.
10. In the instance case, award of rupees eight
thousand per month to the wife and minor son of the petitioner
as maintenance allowance considering that the petitioner
admittedly is doing business cannot be held to be either
excessive or unreasonable.
11. In that view of the matter, I see no merit in
this application. It is dismissed accordingly.
(Ashwani Kumar Singh, J)
Md. S/SKSuman.
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 22.01.2019
Transmission Date