SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Shashikant Jha vs Smt. Rashmi on 28 March, 2017

1

W. P. No.16727/2015

28.03.2017
Shri S.R.Tamrakar,learned counsel for the

petitioner.

Shri B.K.Uphadhyay, learned counsel for
the respondents.

With consent of the parties the matter is
finally heard.

In a proceedings under Section 13 of the
Hindu Marriage Act, 1955 (hereinafter to be referred to
as Act of 1955) at the instance of the petitioner on an
application under Section 24 of the Act of 1955 filed by
respondent before the Trial Court for grant of
maintenance pendente lite and legal expenses, the trial
Court vide order dated 22.8.2015 awarded Rs.6000/-
per month towards maintenance w.e.f from August
2015, Rs.1500/- towards legal expenses for each date,
Rs.250/- towards expenses for assistance and Rs.3500
towards counsel fee. Petitioner is aggrieved by said
order.

It is the contention of the petitioner that
having married on 14.2.2010 the respondent without
any rhyme and reason had refused to stay with him
despite the decree of restitution of conjugal right
passed in favour of the petitioner under Section 15 of
the Act of 1955. It is urged that as the respondent had
not obeyed the said decree the petition under Section
13 of the Act of 1955 for divorce has been filed. It is
2

further contended that the petitioner is not in a regular
job but is only a Guest Lecturer earning Rs.7000/- per
month. It is further contended that these facts having
been glossed over by the Trial Court deserves to be
taken into consideration and the application preferred
by respondent for maintenance pendente lite and for
legal expenses deserves to be dismissed.

Taking into consideration the contention
that the petitioner earns only Rs.7000/- an order was
passed on 14.2.2017 whereby the State Government
through Government Advocate was called upon to
disclose actual remuneration received by the
petitioner. The information has been tendered by the
State vide I.A.No.3400/2017 wherein the In-Charge,
Principal Government Narmada Post Graduate College
Hoshangabad has filed an affidavit stating therein
that for the Session 2015-16 the petitioner was
appointed as Guest Faculty for teaching Computer
Application and was getting remuneration of
Rs.15,000/- per month and for Session 2016-17 the
petitioner has been appointed as Guest Faculty for
teaching Computer Application for remuneration of
Rs.17,000/- per month.

It is further stated that lesser
remuneration of respective month is because of

petitioner’s remaining absent for certain period which
is deducted from his monthly remuneration.

Thus it is clear, that the petitioner is not
earning Rs.17,000/- per month as stated in the petition
3

but was getting a remuneration of Rs.15,000/- per
month for an Academic Session 2015-2016 and
Rs.17,000/- for Academic Session 2016-2017.

Further evident it is from the order that
the petitioner is required to pay a sum of Rs.3500/-
towards legal expenses which is one time payment,
Rs.6000/- per month + Rs.1500/- on each of the date
fixed in the Court. Thus, the petitioner will have to bare
expenses to Rs.7500/- + Rs.250/- (for assistance) per
month.

Taking into consideration the fact that
the petitioner is a Guest Faculty with no job guarantee,
this Court is of the opinion that expenses towards
maintenance pendente lite deserves to be reduced to
Rs.4500/- per month. As regard to legal expenses this
Court does not find any substance in the contention of
the petitioner that the same is on the higher side.

In view whereof, the impugned order is
modify to the extent, that the respondents would be
entitled for maintenance pendente lite for Rs.4500/- per
month + Rs.1500/- + Rs.250/- for the assistance on
each date fixed in the Court and Rs.3500/- to meet out
the legal expenses as one time payment.

The petition is partly allowed to the extent
above. There shall be no costs.

(SANJAY YADAV)
JUDGE
das

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation