HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Miscellaneous Appeal No. 4356/2018
Smt. Neha Soni W/o Shri Naveen Kumar Soni
—-Appellant
Versus
Naveen Kumar Soni S/o Shri Ashok Kumar Soni,
—-Respondent
Connected With
D.B. Civil Miscellaneous Appeal No. 4357/2018
Smt. Neha Soni W/o Shri Naveen Kumar Soni, D/o Shri Mahesh
Chand Soni,
—-Appellant
Versus
Naveen Kumar Soni S/o Shri Ashok Kumar Soni,
—-Respondent
For Appellant(s) : Mr. D.D. Khandelwal
For Respondent(s) : Mr. Saransh Saini
HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
13/02/2020
(DB CMA No.4356/2018)
Vide order dated 20.1.2020, the appeal already stands
admitted and therefore, in view of the provisions of Section 15 of
the Hindu Marriage Act, 1955 (‘the Act of 1955’), no order is
required to be passed on the stay application.
The stay application stands disposed of.
Let appeal be listed for hearing in due course alongwith
connect appeal.
(DBCMA No.4357/2018)
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(2 of 3) [CMA-4356/2018]
The matter comes up on an application
(23371/2019) preferred on behalf of the appellant u/s 24 the Act
of 1955, seeking directions to the respondent to make payment of
maintenance pendente lite a sum of Rs.25,000/- for appellant
herself and her minor daughter as also the litigation expenses in
lump sum Rs.20,000/-.
In the application filed though it is stated by the appellant
that she is not in position to maintain herself but there is no
averment made that she has no source of income whatsoever.
Further, it is stated that the respondent is engaged in business of
Jewellery but the actual income of the respondent therefrom is not
disclosed. A perusal of the material placed on record by the
respondent alongwith the reply reflects that the appellant is
engaged as Teacher in New Target Public School, Chomu, which is
not disputed by the learned counsel appearing for the appellant
before this Court.
It is also not disputed that vide order dated 31.5.2017
passed by the Family Court No.3, Jaipur, in proceedings under
Section 125 Cr.P.C., the respondent is directed to pay a sum of
Rs.3,000/- to the appellant and Rs.2,000/- to her daughter as
maintenance. That apart, vide order dated 5.10.2019 passed by
Additional Chief Metropolitan Magistrate No.7, Jaipur Metropolitan,
Jaipur in Complaint No.242/2015 (148/2016) under the provisions
of the Protection of Women from Domestic Violence Act, 2005 (for
short “the Act of 2005”), the respondent has been directed to pay
a sum of Rs.5,000/- to the appellant and Rs.3,000/- for her minor
daughter as maintenance. Thus, on the facts and in the
circumstances of the case, taking into consideration the fact that
the income of the respondent as disclosed by the appellant herself
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(3 of 3) [CMA-4356/2018]
in the proceedings under Section 125 Cr.P.C. before the Family
Court, in the considered opinion of this Court, the amount of
maintenance Rs.8,000/- awarded by the Court in the proceedings
under Act of 2005 is adequate for the maintenance of the
appellant herself and her daughter.
Accordingly, the application stands disposed of with the
direction that the respondent shall pay a sum of Rs.8,000/- per
month to the appellant as maintenance pendente lite. The amount
of maintenance being paid by the respondent to the appellant in
proceedings u/s 125 Cr.P.C. and in the proceedings under the Act
of 2005, shall be adjusted against the amount payable in terms of
this order. It is made clear that the respondent shall not be liable
to pay the maintenance more than Rs.8,000/- to the appellant,
but, the appellant shall not be precluded from making an
application for enhancement of the amount of maintenance
pendente lite under Section 24 of the Act of 1955 if the occasion
arises. The respondent shall also pay a sum of Rs.10,000/-
towards the expenses of the present proceedings within a period
of two weeks. The amount of maintenance shall be paid to the
appellant by the respondent by 7th day of every month.
List the appeal for hearing in due course.
(MAHENDAR KUMAR GOYAL),J (SANGEET LODHA),J
Brijesh 15-16.
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