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Smt.Neelam Devi vs Jayendra Singh Bhadoriya on 2 May, 2018

THE HIGH COURT OF MADHYA PRADESH
1
FA.338.2011
Smt. Neelam Devi
Vs.
Jayendra Singh Bhadoriya

Gwalior, Dated : 02.05.2018
Shri A.K. Jain, learned counsel for the
appellant.

Shri R.S. Rathore, learned counsel for the
respondent.

I.A.No.2927/16, an application under
Section 24 of the Hindu Marriage Act, 1955, is
taken up for consideration whereby the appellant
seeks enhancement of maintenance pendente lite
from Rs.5,000/- per month to Rs.15,000/- per
month on the ground that the appellant has to
meet out the expenses of children education, rent
and other requirements.

Earlier by order dated 23.01.2014 taking
into consideration uncontroverted statement that
the respondent earns Rs.20,000/- per month, an
amount of Rs.5,000/- per month was fixed
towards maintenance. Presently, however, the
respondent has contradicted. It is submitted that
he has no extra source of income than what was
adjudged in the year 2014. It is also urged that
the decree of divorce was granted on the proven
fact of the appellant having living an adulterous
life with one Bhure.

THE HIGH COURT OF MADHYA PRADESH
2
FA.338.2011
Smt. Neelam Devi
Vs.

Jayendra Singh Bhadoriya

Evidently, the appellant has failed to
disclose the income earned by the respondent.
The averment that he is dependent on his
brothers is also not controverted by the
appellant.

In this fact situation, the appellant is not
entitled for enhanced amount towards
maintenance.

Consequently, application [I.A.No.2927/16]
fails and is dismissed.

(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
pd
Digitally signed by
PAWAN DHARKAR
Date: 2018.05.03
18:33:54 -07’00’

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