HIGH COURT OF CHHATTISGARH, BILASPUR
FA(MAT) No. 58 of 2019
Smt. Deepa Agrawal Versus Anand Agrawal
24-02-2020 Shri Hemant Kumar Agrawal, counsel for the appellant.
Shri Sanjay Agrawal, counsel for the respondent.
The appellant/wife has moved three applications under Section 23, 24
and 25 of the Hindu Marriage Act.
Prayer has been made for grant of maintenance pendente lite by
submitting that during the pendency of the case before the trial Court also, as
the wife was found unable to maintain herself, she was awarded interim
maintenance of Rs. 3,000/- per month by the trial Court.
As far as prayer for grant of maintenance for the education and other
requirements of minor daughter Samriddhi Agrawal aged 15 years and minor
son Adarsh Agrawal aged 12 years is concerned, prayer is made that
appropriate amount be also awarded as the children are growing and there
growing need including their education requirements, sufficient funds should
be provided by respondent/husband during the pendency of the present
Learned counsel for the respondent though does not deny his liability
for payment of maintenance, he would submit that in proceedings under
Domestic Violence Act, 2005, an amount of Rs. 4,500/- has already been
awarded to the appellant/wife which is sufficient for her own maintenance and
for maintenance of two children.
Having considered submission learned counsel for the parties, and the
present requirements of a growing daughter and the son aged 15 and 12
years respectively as also be personal needs of the appellant/wife who is not
earning anything, it would be proper to award Rs. 5,000/- per month to the
wife for her maintenance. Each of the children namely Samriddhi Agrawal
and son Adarsh Agrawal aged 12 years would be entitled to necessary
amount of maintenance to meet their educational expenses to the tune of Rs.
2,500/- payable in respect of each of them.
Considering that there is already an order for grant of maintenance
under the provision of the Domestic Violence Act, 2005 in proceedings drawn
under Domestic Violence Act, 2005, it is ordered that the amount of Rs.
5,000/- will be liable to be adjusted only when the respondent actually
deposits the entire arrears of the amount payable under the order passed by
the Magistrate in proceedings under the Domestic Violence Act, 2005. If that
is not done, the appellant/wife shall be entitled to Rs. 5,000/- per month
during the pendency of the appeal.
As far as the application under Section 25 for grant of permanent
alimony is concerned, the same shall be considered at the time of final
After hearing learned counsel for the parties and the prayer made by
learned counsel for the respondent, we are inclined to explore possibility of
amicable settlement, if any, before proceeding to decide the matter on its
own merits. For this purpose the parties may remain present on 07 April,
List this case on 07 April, 2020.
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)