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Rishikant Khare vs Smt. Taruna Khare @ Gudiya on 22 July, 2019


(Rishikant Khare Vs. Smt. Taruna Khare )

Gwalior, Dated:-22.7.2019

Shri Praveen Kumar Chaturvedi, learned counsel for the

Shri Saket Udeniya, learned counsel for the respondent.

There is no possibility of amicable settlement.

I.A.No.686/2019, an application for deciding the appeal at

motion hearing stage.

Considering that there are other matters also which are pending

consideration, we decline the hearing of this appeal finally at motion

hearing stage.

Consequently, I.A.No.686/2019 stands dismissed.

I.A.No.2427/2019, an application under Section 24 of Hindu

Marriage Act is taken up for consideration, whereby, the respondent

seeks maintenance pendente lite on the ground that she has no

definite independent source of income and is dependent upon her

parents; whereas, the appellant has definite source of income being

employed in Municipal Corporation, Gwalior. It is further contended

that she has to travel from Tikamgarh to Gwalior which is distance

about 200 kilometers whenever the matter is taken up at Gwalior

and has to incur expenditure. In these facts situation, the

respondent seeks direction for interim maintenance of Rs.10,000/-


(Rishikant Khare Vs. Smt. Taruna Khare )

per month.

The appellant has filed the reply, wherein he has denied the

entitlement of the respondent for grant of maintenance. It is urged

that the respondent is employed in Govt. Girls Higher Secondary

School Jatara, Tikamgarh and is getting a regular salary. However, the

documents annexed with the reply to substantiate the claim that the

respondent is employed in a Govt. School and getting a regular

salary nullify the contentions raised on behalf of the appellant. The

document brought on record as Annexure A/1 is in the following


“dk;kZy; izkpk;Z ‘kk-d-m-ek- fo trkjk ¼Vhdex+½
gsYFk lkbZUl Vhpj ds in ij dk;kZy; LVkQ dh tkudkjh
dz- uke in uke in LFkkiuk izkIr
fnukad osru@ekuns;

1 r#.kk [kjs gsYFk 12@12@17 bl dk;kZy;

}kjk Hkqxrku
ugh fd;k tkrk

Govt. Girls Hr. Sec. School
JATARA (Tikamgarh) MP”

Evidently, no cogent material is brought on record to establish

that the respondent is gainfully employed and has definite source to

earn her livelihood. On the contrary, the appellant is admittedly in

employment of Municipal Corporation Gwalior as a permanent

(Rishikant Khare Vs. Smt. Taruna Khare )

employee and is getting gross salary of Rs.11,326/- per month.

In view whereof, while negativing the contentions made on

behalf of the appellant, the application under Sectionsection 24 of the Hindu

Marriage Act, 1955 filed by the respondent is allowed. The appellant

is directed to pay an amount of Rs.5,500/- (Rupees Five Thousand

Five Hundred) per month to the respondent towards interim

maintenance during pendency of the present appeal. The interim

maintenance is payable from the date of filing of application i.e.

from 21.6.2019 and shall be deposited in the bank account of the

respondent on or before 10th day of each Gregorian (English)

Calender month. For that, the respondent shall give her bank account

number to the appellant.

I.A.No.2427/2019 stands disposed of finally in above terms.

Being an admitted appeal, let the same be set out for hearing in

due course under the caption “High Court Expedited Cases


In case parties arrived at an amicable settlement are at liberty

to seek indulgence by filing an application.

(Sanjay Yadav) (Vivek Agarwal)
Judge Judge

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