HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 877/2019
Shivpreet Singh S/o Shri Hardeep Singh, Aged About 35 Years,
B/c Jat Sikh, R/o Chak 14 P.s., Tehsil Raisinghnagar, District Sri
Ganganagar.
—-Appellant
Versus
1. Amanpreet Kaur D/o Shri Mahaveer Singh, W/o Shri
Shivpreet Singh, B/c Jat Sikh, R/o 92, Sindhi Colony, Sri
Ganganagar.
2. Bani D/o Shri Shivpreet Singh, (Minor) Through Her
Natural Guardian Mother Smt. Amanpreet Kaur W/o Shri
Shivpreet Singh.
—-Respondents
For Appellant(s) : Mr. D.S.Thind
For Respondent(s) : Mr. B.S.Sandhu with Mr.B.S.Sisodia
HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/01/2020
1. This appeal is filed by the appellant assailing the order dated
22.2.19 passed by the Family Court, Sri Ganganagar in Civil Misc.
Case No.236/18, whereby an application preferred by the
respondent under Section 24 of the Hindu Marriage Act, 1955 (for
short “the Act of 1955”) has been allowed and the appellant is
directed to pay maintenance pendente lite a sum of Rs.25,000/-
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per month to the respondent for herself and Rs.10,000/- per
month for her minor daughter-Bani. That apart, the appellant is
directed to pay to the respondent a sum of Rs.10,000/- in lump
sum towards the litigation expenses. The amount if any, already
been paid by the appellant to the respondent towards the
maintenance in other proceedings is directed to be adjusted
against the amount payable in terms of the order impugned.
2. The appellant filed a petition against the respondent seeking
divorce under the provisions of Section 13 of the Act of 1955.
During the pendency of the petition, the respondent filed an
application under Section 24 of the Act of 1955, claiming
maintenance pendente lite from the appellant a sum of
Rs.80,000/- per month i.e. Rs.40,000/- each for respondent
herself and her minor daughter. The respondent further claimed
Rs.20,000/- towards the litigation expenses.
3. The respondent averred in the application that she has no
source of income, whereas the appellant is employed as doctor in
Government service and drawing monthly salary of Rs.97,480/-.
That apart, he is having 40 bighas command land and also earning
by giving the land of his brother measuring 40 bighas for
cultivation. The income of the appellant from agriculture as
mentioned in the application preferred by the respondent is
Rs.20,00,000/- per annum. It was further averred that the
appellant is earning Rs.50,000/- per month from sale and purchase
of house, plots etc.
4. The application was contested by the appellant by filing a
reply thereto, taking the stand that respondent has deserted the
appellant without reasonable cause and therefore, she is not
entitled for any maintenance. According to the appellant, the
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respondent is employed as Lecturer in Jain College, Sri
Ganganagar and earning Rs.70,000/- per month. The appellant
claimed that the respondent is being paid Rs.13,000/- per month
as maintenance under the provisions of Domestic Violence Act,
2005 and therefore, she is not entitled for any further
maintenance.
5. On the basis of the material on record, the Family Court
arrived at the finding that the appellant employed as doctor, is
earning Rs.97,480/- per month as salary and after deduction,
drawing Rs.81,351/- per month. No evidence was produced by the
appellant showing that the respondent is employed as a Lecturer in
Jain College, Sri Ganganagar and earning Rs.70,000/- per month.
Accordingly, the Family Court determined the amount of
maintenance and the litigation expenses payable to the respondent
as indicated above. Hence, this appeal.
6. Learned counsel appearing for the appellant submitted that
after deduction, the appellant is drawing net pay Rs.69,027/- per
month only. It is submitted that there was no evidence produced
on record showing that the appellant is earning Rs.20,00,000/-
from agriculture. Learned counsel submitted that the respondent
holding the qualification of MBA is employed in Jain College, Sri
Ganganagar and earning Rs.70,000/- per month and thus, she
having reasonable source of income is not entitled for any
maintenance. Drawing the attention of this Court to the statement
of the respondent recorded by the Family Court in Criminal Case
No.889/13, learned counsel submitted that the fact that the
respondent is employed in Jain College, Sri Ganganagar stands
admitted by her and thus, the finding arrived at by the Family
Court that the respondent has no source of income is ex facie
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erroneous. In support of the contention, learned counsel relied
upon a Bench decision of Delhi High Court in Rupali Gupta Vs.
Rajat Gupta : (2016) 234 DLT 693.
7. On the other hand, counsel appearing for the respondent
submitted that after deduction of the income tax, the respondent
is earning about Rs.85,000/- per month and after compulsory
deduction, the income from salary of the appellant assessed by the
Family Court at Rs.81,351/- cannot be said to be erroneous.
Learned counsel submitted that the fact that the appellant has
income from agriculture as well, is not in dispute whereas, while
assessing the income of the appellant and determining the
maintenance payable, the income of the appellant from agriculture
is not even taken into consideration by the Family Court. Learned
counsel urged that the respondent is not employed as Lecturer in
the college on regular basis rather, she is called by the college as
and when required to deliver the lecture. Learned counsel
submitted that the respondent in her statement referred to by the
appellant has only stated that she was working in the college as
part time Lecturer. Learned counsel would submit that as a matter
of fact, the maintenance awarded by the Family Court for the
minor daughter of the appellant and respondent is too meagre.
8. We have considered the submissions of the learned counsel
and perused the material on record.
9. Indisputably, the purpose behind Section 24 of the Act of
1955 is to provide necessary financial assistance to the party to
the matrimonial dispute who has no independent income of his
own sufficient for her or his support or to bear the expenses of the
proceedings. While considering the application for award of interim
maintenance, the relevant consideration is the inability of the
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spouse to maintain himself or herself for want of independent
income or inadequacy of the income to maintain at the level of
social status of other spouse. However, n o hard and fast rule can
be laid down for determination of the amount of interim
maintenance.
10. It is not in dispute that the respondent is employed as doctor
in State service and earning Rs. 1,01,338/- per month. As per the
pay slip produced by the appellant before this Court, he is drawing
net pay Rs.67,533/-. But bare perusal of pay slip reveals that
some of the deductions made are not compulsory deductions. It is
pertinent to note that the factum of the appellant having
agriculture land in the canal area is not disputed. Though, the
appellant has claimed that he is having only 20 bighas of command
land. But then, apparently, while assessing the income of the
appellant, the Family Court has not taken into consideration the
income earned by the appellant from agriculture. Obviously, even if
it is assumed that the appellant has only 20 bighas of command
land, he must be earning a reasonable income therefrom and thus,
the total income of the appellant as assessed by the Family Court
appears to be in lower side.
11. There is no evidence placed on record showing that the
respondent while working as part time Lecturer is earning
adequately to maintain herself. Thus, taking into consideration the
totality of the facts and in the circumstances of the case, in the
considered opinion of this Court, the amount of maintenance
payable to the respondent by the appellant as determined by the
Family Court cannot be said to be excessive. The litigation
expenses awarded as Rs.10,000/- also appears to be reasonable.
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12. In view of the discussion above, the appeal preferred by the
appellant is devoid of any merit and therefore, the same deserves
to be dismissed.
13. Accordingly, the appeal is dismissed. No order as to costs.
(PUSHPENDRA SINGH BHATI),J (SANGEET LODHA),J
Aditya/-
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