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Smt. Harshla vs Praveen Vyas on 31 July, 2018

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ANNEXURE-C
High Court of Madhya Pradesh, Jabalpur
Bench at Indore, Indore
CONTINUATION ORDER SHEET

First Appeal No.125/2017
Indore, Dated 31.07.2018
Shri Vishal Verma, learned counsel for the
appellant / wife.
Shri Vinay Puranik, learned counsel for the
respondent / husband.

Heard on IA No.2388/2017, an application
under Section 24 of the Hindu Marriage Act, 1955 for
grant of maintenance pendente lite.

Learned counsel for the appellant has submitted
that the appellant is having a daughter Payal aged
about 18 years and is studying in B. Com. from
Vaishnav College of Commerce, Indore and is also
getting tutored for Chartered Accountancy
Examination and is required to pay a good amount as
fee for various subjects.

He further submitted that the appellant (who is
wife of respondent) is presently working as Teacher in
Lokmanya Vidhya Niketan School and residing
separately from her daughter and also required to pay
Rs.6,500/- per month towards rent and about
Rs.1,000/- for electricity. Apart from this, the
appellant has to maintain herself and her daughter.

In respect of income of the respondent / husband,
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it has been stated that he is in private service and is
also a contractor supplying labourer to private
industries and earns Rs.70,000/- per month.

No document or material and / or copy of
contract or certificate from the employer has been filed
to prove that the respondent / husband is working in
Private Sector and is also contractor supplying
labourer to private industries; and therefore, it cannot
be said that his income is Rs.70,000/- per month.

Per contra, learned counsel for the respondent /
husband has submitted that in proceedings under
Section 125 of the Code of Criminal Procedure, 1973,
the appellant / wife has been awarded a sum of
Rs.2,500/- per month and there is no material or
document to prove that income of the respondent is
Rs.70,000/- per month to pay amount of
maintenance; and prays for rejection of the
application.

Considering the aforesaid, so also the fact that on
23.01.2012, property has been alienated by the
respondent for a consideration of Rs.15,29,000/- and
his daughter is studying in College and only Rs.2,500/-
has been awarded by the learned Family Court, and
therefore, we allow the prayer of the appellant / wife
and direct the respondent / husband to pay Rs.1,500/-
(rupees one thousand five hundred) per month as
interim maintenance and Rs.10,000/- (rupees ten
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thousand) towards litigation expenses. The interim
maintenance amount shall be paid to the appellant /
wife from the date of application; and the respondent /
husband shall regular pay the aforesaid amount of
Rs.1,500/- (rupees one thousand five hundred) as
interim maintenance during the pendency of this
appeal. The amount of Rs.10,000/- (rupees ten
thousand) towards litigation amount shall be paid
within a period of thirty days from today.

With the aforesaid, IA No.2388/2017 is allowed
in part and disposed of.

C. c. as per rules.

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

Digitally signed by Ramesh Chandra Pithwe
Date: 2018.08.01 10:48:18 +05’30’

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