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Smt. Neha Soni W/O Shri Naveen … vs Naveen Kumar Soni S/O Shri Ashok … on 13 February, 2020

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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