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Satish Kumar vs Sunita on 6 August, 2018


High Court of Madhya Pradesh, Jabalpur
Bench at Indore, Indore

First Appeal No.377/2017
Indore, Dated 06.08.2018
Shri Ajay Jain, learned counsel for the appellant /
Shri M.M. Bohra, learned counsel for the
respondent / wife.

Heard on IA No.3875/2018, an application under
Section 24 of the Hindu Marriage Act, 1955 for grant of
maintenance pendente lite to the respondent / wife and
her child.

Learned counsel for the respondent has submitted
that father of the appellant is having 4.464 hectares of
agricultural land. The appellant is well educated,
working as Teacher in Higher Secondary School,
Sandawata, District Rajgarh (Biaora) and must be
getting Rs.25,000/- to Rs.30,000/- as salary, and
therefore, Rs.10,000/- per month be awarded to the
respondent and Rs.5,000/- per month be awarded to her
daughter as maintenance.

He has also drawn our attention to order dated
22.11.2017 passed in Miscellaneous Criminal Case
No.327/2016 passed by the learned Family Court,
Rajgarh (Biaora) by which an amount of Rs.2,500/- has
been awarded to the respondent and her daughter.

Per contra, learned counsel for the appellant has

submitted that at present, the appellant is not working
as Teacher in Higher Secondary School and all these
facts were considered by the learned Principal Judge,
Family Court, Rajgarh while passing order dated
22.11.2017 in proceedings under Section 125 of the Code
of Criminal Procedure, 1973; and prays for rejection of
the application.

Considering income as well as status of the
appellant, so also the fact that respondent is having
daughter Ms. Tanishka Sharma aged about 8 years, we
allow the prayer and grant Rs.1,500/- (rupees one
thousand five hundred) as maintenance to the
respondent and her daughter; and direct the appellant to
pay the aforesaid amount from the date of application
(17.05.2018) and the arrears of the aforesaid amount
will be paid within thirty days from today and he will
regularly pay the aforesaid amount, during the pendency
of the appeal. Respondent is also entitled to a sum of
Rs.10,000/- (rupees ten thousand) towards litigation

With the aforesaid, IA No.3875/2018 is allowed
in part and disposed of.

C. c. as per rules.

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

Digitally signed by Ramesh Chandra Pithwe
Date: 2018.08.07 10:49:37 +05’30’

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