Court No. - 33
Case :- FIRST APPEAL No. - 769 of 2018 Appellant :- Ajay Kumar Agrawal Respondent :- Smt. Archana Agrawal Counsel for Appellant :- Garun Pal Singh Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
We have heard learned counsel for the appellant and have perused the record.
The instant appeal has been filed against the order dated 05.09.2018 passed by the Principal Judge, Family Court, Mathura in Matrimonial Petition No.741 of 2015 by which maintenance pendente lite at the rate of Rs.3,000/- per month has been awarded to the wife (the opposite party herein) and Rs.2,000/- per month to her minor son, who is admittedly in custody of the opposite party, along with litigation expenses of Rs.5,000/-.
The learned counsel for the appellant has urged that the court below has proceeded to award maintenance by observing that earlier the appellant was having a marble shop. It has been contended that the marble shop has since been closed and now the appellant is no longer a businessman, hence, the maintenance awarded is on the higher side.
We do not find any substance in the submission of the learned counsel for the appellant, inasmuch as, maintenance of Rs.3,000/- per month would be bare minimum to meet day to day expenses and since the opposite party is also having a minor child to look after, the maintenance awarded for the child is also not unjustified. The litigation expenses awarded are also on the lower side.
Further, it is well-settled that an able-bodied man has to maintain his wife and minor child. It has not been shown to us that the respondent has her own source of income and therefore she does not require maintenance.
Under the circumstances, no interference with the order impugned is called for. The appeal is dismissed.
Order Date :- 26.11.2018 AKShukla/-