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Judgments of Supreme Court of India and High Courts

Smt. Rashi Chandak vs Giriraj Chandak 55 … on 10 January, 2019

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

FAM No. 171 of 2018

1. Smt. Rashi Chandak W/o Shri Giriraj Chandak Aged About 34
Years D/o Shri Mahesh Kumar Dammani, R/o House No. G – 39,
Gulmohar Park, Ramnagar Raipur District Raipur Chhattisgarh.

—- Appellant

Versus

1. Giriraj Chandak S/o Shri Bitthaldas Chandak Aged About 38
Years R/o Ward No. 4 Tumgaon Raod, Mahasamund District
Mahasamund Chhattisgarh.

—- Respondent

For Appellant Shri Yogesh Pandey, Advocate
For Respondent None, despite service of notice

Hon’ble Shri Justice Prashant Kumar Mishra
Hon’ble Smt. Justice Vimla Singh Kapoor

Judgment on Board
By
Prashant Kumar Mishra, J.

10/01/2019

1. In this appeal under Section 19 of the Family Courts Act, 1984 the
appellant/wife would pray for enhancement of the amount of
maintenance, which has been fixed by the Family Court at
Rs.4,000/- per month.

2. Respondent/husband has moved an application seeking decree of
divorce on the grounds enumerated under Section 13 of the Hindu
Marriage Act, 1955 (for short ‘the Act, 1955’). On her appearance,
the appellant/wife moved an application for grant of maintenance
pendente lite under Section 24 of the Act, 1955.

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3. The Trial Court has allowed lump sum payment of Rs.4,000/-

towards maintenance pendente lite, traveling expenses and
litigation expenses whereas the appellant had prayed for
Rs.15,000/- per month towards interim maintenance; Rs.3,000/-
traveling expenses on the date of hearing; and litigation expenses
of Rs.25,000/-.

4. As per the respondent’s own showing he is operating the petrol
pump belonging to his father. From the Income Tax return filed
as additional document in this appeal, it appear the respondent has
disclosed his gross yearly income at Rs.5,41,723/- for the
Assessment Year 2016-17. The gross monthly income of the
respondent would thus come to Rs.45,000/- (approx.).

5. Considering the living standard of the parties, who belong to Jain
community, and the income of the respondent/husband, it appears
award of Rs.4,000/- per month collectively towards interim
maintenance; traveling expenses; and litigation expenses is not
adequate or proper, therefore, we dispose of this appeal directing
the respondent/husband to pay a sum of Rs.6,000/- per month
towards interim maintenance; Rs.1,000/- as traveling expenses on
each date of hearing whenever the appellant/wife appears before
the trial Court; and one time litigation expenses of Rs.10,000/-.

6. In the result, the appeal is allowed to the extent indicated above.

Sd/- Sd/-

Judge Judge
Prashant Kumar Mishra Vimla Singh Kapoor

Gowri

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