HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 2939/2019
Ranjeet Solanki S/o Shri Kamal Kishore Solanki, B/c Darji, R/o
Mohalla, Chudigaran, Opposite Bheru Ji Temple, Ward No. 34,
Bikaner
—-Appellant
Versus
1. Annapurna @ Pinki W/o Shri Ranjeet Solanki, D/o Shri
Vinod Kumar Kacchhawa, R/o B-1/203, Jaisal Kripa Co-
Operative Housing Society Ltd, Cabin Cross Road,
Narmada Nagar Gate, Bhainder (East), District Thane,
Maharashtra.
2. Priyansh S/o Shri Ranjeet Solanki, Minor Through Natural
Guardian Mother Smt. Annapurana @ Pinki. R/o B-1/203,
Jaisal Kripa Co-Operative Housing Society Ltd, Cabin
Cross Road, Narmada Nagar Gate, Bhainder (East),
District Thane, Maharashtra.
—-Respondents
For Appellant(s) : Mr. Jagdish Vyas
For Respondent(s) : Mr.Virendra Acharya
HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE MR. JUSTICE ARUN BHANSALI
Judgment
20/11/2019
1. This appeal is filed by the appellant assailing the legality of
the order dated 3.9.19 passed by the Family Court No.1, Bikaner in
Civil Case No.53/18, whereby while allowing an application
preferred by the respondent under Section 24 of the Hindu
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SectionMarriage Act, 1955 (for short “the Act of 1955”), the appellant is
directed to pay maintenance pendente lite a sum of Rs.4,000/- per
month to the respondent-Smt. Annapurna for herself and
Rs.3,000/- per month for her son. That apart, the appellant is
directed to pay a lump sum Rs.35,000/- towards litigation
expenses to the respondent.
2. The appellant filed a petition against the respondent for
restitution of conjugal rights under Section 9 of the Act of 1955.
During the pendency of the petition, the respondent filed an
application under Section 24 of the Act of 1955, claiming
maintenance pendente lite from the appellant a sum of
Rs.10,000/- per month for herself and her son; Rs.15,000/-
towards the litigation expenses and travelling expenses for
attending each date of hearing before the Family Court, Bikaner.
The respondent averred in the application that she has no source
of income whereas, the appellant, an electrician, is earning Rs.
25,000-30,000 per month.
3. The appellant filed a reply to the application contending that
the respondent engaged in stitching and art work on sarees, is
earning Rs.10,000-15,000 per month. The appellant denying his
monthly income as alleged by the respondent, averred that he is
earning only Rs.4,000 to 5,000 per month.
4. After due consideration of the rival submissions, the Family
Court determined the maintenance pendente lite payable by the
appellant to the respondent for herself as Rs.4,000/-, Rs.3,000/-
per month for her son and a lump sum Rs. 35,000/- towards the
litigation expenses.
5. Learned counsel appearing for the appellant contended that
the respondent has deserted the appellant and therefore, she is
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not entitled for any maintenance. The Family Court has seriously
erred in ignoring the fact that the respondent has her own source
of income. It is submitted that without there being any cogent
evidence regarding the appellant’s income, the maintenance
awarded by the Family Court is apparently excessive.
6. We have considered the submissions of the learned counsel
and perused the material on record.
7. 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 independent income of his
own sufficient for her or his support 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. No hard and fast rule can be laid
down for determination of the amount of interim maintenance.
8. Admittedly, no evidence was brought on record by the
appellant to establish that the respondent has her own source of
income. Though, the appellant had denied his sources of income as
alleged by the respondent but it was not even the case of the
appellant that he has no source of income whatsoever. The fact
that the appellant is working as an electrician is not denied.
Obviously, while working as an electrician, the appellant must be
earning a reasonable income and thus, the Family Court has
committed no error in determining the monthly income of the
appellant at Rs.15,000. The factum of respondent deserting the
appellant cannot be a ground to deny the maintenance pendente
lite under Section 24 of the Act of 1955.
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9. Thus, in absence of any evidence regarding the respondent
having any adequate source of income, in the considered opinion
of this Court, after due consideration of the facts and the
circumstances of the case, the amount of maintenance pendente
lite a sum of Rs.7,000/- per month determined by the Family Court
for the respondent and her son and Rs.35,000/- in lump sum
towards litigation expenses including travelling expenses for each
date of hearing, cannot be said to be excessive so as to warrant
interference by us in exercise of appellate jurisdiction.
10. For the aforementioned reasons, the appeal is devoid of any
merit, it is hereby, dismissed.
(ARUN BHANSALI),J (SANGEET LODHA),J
15-Aditya/-
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