HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 2419/2018
Virendra Buchha S/o Shri Babulal Buchha, Aged 30 Years, B/c
Buchha, R/o Ward No. 32, Buchha Ka Mohalla, Jorawarpura,
Nokha, District Bikaner.(Rajasthan)
—-Appellant
Versus
Neelam @ Gayatri W/o Shri Virendra Buchha @ Milap, D/o Shri
Pukharaj Banthia, B/c Jain, R/o Phalodi, Tehsil – Phalodi, District
Jodhpur (Rajasthan).
—-Respondent
For Appellant(s) : Mr. Deen Dayal Chitlangi
HON’BLE MR. JUSTICE SANGEET LODHA
HON’BLE MR. JUSTICE DINESH MEHTA
Order
13/03/2019
1. The appeal is reported to be barred by limitation for 10 days.
It is accompanied by an application under Section 5 of the
Limitation Act.
2. The only reason assigned for condoning the delay in filing the
appeal is that the appellant was not informed by his counsel about
the outcome of the application in time. The reason assigned for
condonation of delay is not plausible and therefore, the application
deserves to be rejected. However, in the interest of justice, we
have examined the matter on merit as well.
3. This appeal is directed against order dated 6.7.18 passed by
the Family Court No.2, Bikaner, in Case No.13/18, whereby an
application preferred by the respondent u/s 24 of the Hindu
Marriage Act, 1955( in short “the Act of 1955”) has been partly
(2 of 3) [CMA-2419/2018]
allowed and the appellant has been directed to pay a sum of
Rs.5,000/- per month to the respondent as maintenance pendente
lite and further to pay a sum of Rs.5,000/- in lump sum as
litigation expenses and Rs.500/- towards to and fro expenses for
each date of hearing.
4. Learned counsel for the appellant submitted that the Family
Court has seriously erred in ignoring that the respondent is a
highly educated lady, who is having her own source of income. It
is submitted that the appellant is engaged in accounts work and
hardly earn a sum of Rs.13,000/- per month and thus, he is not in
position to pay the maintenance as determined by the Family
Court. It is submitted that the appellant has liability to maintain
his parents and other family members, who are dependent upon
him and thus, the amount of maintenance a sum of Rs.5,000/- per
month as determined by the Family Court is apparently excessive.
5. Indisputably, the purpose behind Section 24 of the Act of
1955 is to provide necessary financial assistance to the party to
the matrimonial dispute who has no sufficient means to maintain
himself/herself or to bear the expenses of the proceedings. While
considering the application for award of interim maintenance , the
relevant consideration is the inability of the spouse to maintain
himself or herself for want of independent income or inadequacy
of the income to maintain at the level of social status of other
spouse.
6. No hard and fast rule can be laid down for determination of
the amount of interim maintenance. It is noticed that as per the
averments made in the application preferred by the respondent,
(3 of 3) [CMA-2419/2018]
the appellant is operating a shop in Agriculture Produce Market
and earning a sum of Rs.1.5 lac per month. There is nothing on
record suggesting that the respondent is having her own source of
income sufficient to maintain herself. It is true that there was no
cogent evidence on record showing that the appellant is earning a
sum of Rs.1.5 lac per month, however, no cogent evidence in this
regard was brought on record. But then, looking at nature of the
business wherein the appellant is engaged, it can be presumed
that he must be earning a reasonable sum. In any case, the
respondent has categorically admitted that he is earning
Rs.13,000/- per month. Thus, taking into consideration the facts
and circumstances of the case, the order impugned passed by the
Family Court awarding a meagre sum of Rs.5,000/- as
maintenance pendente lite and Rs.5,000/- lump sum towards
litigation expenses cannot be said to be unjustified.
7. For the aforementioned reasons, we are of the opinion that
the order impugned passed by the Family Court does not suffer
from any illegality or irregularity warranting interference by this
court in exercise of its appellate jurisdiction.
8. Accordingly, the appeal is dismissed in limine.
(DINESH MEHTA),J (SANGEET LODHA),J
8-Vij/-
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