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Sanjay Wadhwa vs Smt. Manisha Wadhwa on 20 June, 2018

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ANNEXURE-C
High Court of Madhya Pradesh, Jabalpur
Bench at Indore, Indore
CONTINUATION ORDER SHEET
First Appeal No.1136/2018
(Sanjay Wadhwa s/o Late Vedpal Wadhwa
Versus
Smt. Manish Wadhwa w/o Sanjay Wadhwa)
Indore, Dated 20.06.2018
Shri Prasanna Prasad, learned counsel for the
appellant.
Heard on the question of admission.
ORDER

This first appeal has been filed by the appellant
(husband) against order dated 04.05.2018 passed in
Hindu Marriage Case No.1506/2016 by which the learned
Family Court, Indore granted interim maintenance
pendente lite in favour of the respondent (wife) to the tune
of Rs.10,000/- (rupees ten thousand) per month and also
awarded litigation cost to the tune of Rs.15,000/- (rupees
fifteen thousand).

2. Learned counsel for the appellant has submitted that
the appellant is voluntarily paying Rs.4,000/- per month
to his wife and also provided her fully furnished
accommodation. As per income tax return, his income for
the year 2016-17 was Rs.2,80,000/-; and for the year
2017-18, his income is Rs.3,12,881/-. His old mother is
residing with him. He is maintaining house as well as
incurring money on family members. The learned Family
Court directed the appellant to pay interim maintenance
of Rs.10,000/- per month in favour of the respondent
(wife). Considering the aforesaid, learned counsel for the
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appellant prays that looking to the aforesaid facts and
circumstances of the case, the impugned order be set
aside.

3. On due consideration of the arguments of the learned
counsel for the appellant, so also the income of the
appellant, we are of the view that interim maintenance
amount of Rs.10,000/-, which has been awarded by the
learned Family Court, is just and proper and the same has
been awarded after considering each and every aspect of
the matter. Even otherwise, main application is pending
before the Family Court. The appellant is at liberty to
raise all the objections (which are available to him) before
the learned Family Court; thereafter, after recording
evidence of both the parties, the learned Family Court will
decide the matter.

4. At this stage, we are not inclined to interfere with
impugned order dated 04.05.2018 passed in Hindu
Marriage Case No.1506/2016 by the learned Family Court,
Indore.

5. Accordingly, First Appeal No.1136/2018 is dismissed.

(P.K. Jaiswal) (S.K. Awasthi)
Judge Judge
Pithawe RC

Digitally signed by Ramesh
Chandra Pithwe
Date: 2018.06.22 11:22:33
+05’30’

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