1
THE HIGH COURT OF MADHYA PRADESH
F.A.No.305/2019
(Rishikant Khare Vs. Smt. Taruna Khare )
Gwalior, Dated:-22.7.2019
Shri Praveen Kumar Chaturvedi, learned counsel for the
appellant.
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/-
2
THE HIGH COURT OF MADHYA PRADESH
F.A.No.305/2019
(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
terms:
“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 [email protected];
1 r#.kk [kjs gsYFk [email protected]@17 bl dk;kZy;
}kjk Hkqxrku
ugh fd;k tkrk
gSPrincipal
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
3
THE HIGH COURT OF MADHYA PRADESH
F.A.No.305/2019
(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
(Matrimonial).”
In case parties arrived at an amicable settlement are at liberty
to seek indulgence by filing an application.
(Sanjay Yadav) (Vivek Agarwal)
Judge Judge
Pawar/-
ASHISH PAWAR
2019.07.26
17:43:39
+05’30’