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Vinit Dang S/O Prem Kumar Dang vs Smt. Barkha Dang W/O Shri Vinit … on 8 August, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Review Petition No.95/2019
In
D.B. Civil Miscellaneous Appeal No.2285/2019

Vinit Dang S/o Prem Kumar Dang, Aged About 35 Years, B/c
Dang, Resident Of Plot No. C-680, Budh Vihar, Alwar (Raj)
—-Petitioner
Versus
Smt. Barkha Dang W/o Shri Vinit Dang, Aged About 33 Years,
B/c Caste Dang, Resident Of H.no. 811, Chhapatti Colony,
Manipuri, Uttar Pradesh At Present Residing At H.no.
3887,tanduwara Colony, Rewari, Hariyana
—-Respondent

For Petitioner(s) : Mr. Khushwant Morwal

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

08/08/2019

This petition has been preferred seeking review of the

judgment dated 22.05.2019 of this Court, whereby the appeal

filed by appellant-petitioner against order of the Family Court,

Alwar, dated 01.04.2019 dismissing the Application No.41/2019

filed against the order dated 15.07.2015 passed on an application

under Section 24 of the Hindu Marriage Act, 1955, was dismissed.

The Family Court, invoking the provisions of Section 24 of

the Hindu Marriage Act, 1955, by order dated 15.07.2015 granted

maintenance of Rs.2500/- per month to the respondent-wife and

Rs.2000/- per month to their son from the date of filing of the

application apart from payment of Rs.1000/- per hearing to the

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respondent-wife, till disposal of the main petition under Section 13

of the Hindu Marriage Act, 1955,.

Mr. Khushwant Morwal, learned counsel for appellant-

petitioner argued that the respondent-wife has secured the order

of maintenance by making a false statement about her income.

The respondent-wife, in her reply to the application filed by the

appellant-petitioner, admitted before the court below that she was

working as a Teacher, which apparently shows that she has

adequate source of income. The document in regard to the job of

the respondent-wife produced before the court below was not

considered.

The kind of argument the appellant-petitioner is seeking to

make now in fact tantamount to seek rehearing of the matter

under the garb of review. Even otherwise, during the course of

argument, reference is sought to be made to the document

allegedly containing name of the respondent-wife (Annexure-5) to

the petition, but perusal of the order passed by the Family Court

does not indicate whether any such document was filed before

that Court. The Family Court even then has granted a negligible

amount of maintenance of the respondent-wife and their son, as

indicated above.

The Supreme Court in Jasbir Kaur Sehgal Vs. District Judge,

Dehradun and Others – (1997) 7 SCC 7 held that the maintenance

pendente lite is not only for wife but also includes maintenance of

her dependent(s) whom she is also maintaining. Reference may

also be made to the judgment of the Supreme Court in Manish

Jain Vs. Akanksha Jain – CDJ 2017 SC 352, wherein the

application for interim alimony filed by the wife was resisted by

the husband on the ground that she is an educated lady. While

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rejecting the contention, the Supreme Court held that it is no

answer to a claim of maintenance that the wife is educated and

could support herself.

No case for review is made out. The review petition is

accordingly dismissed.

(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J

//Jaiman//50

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