Court No. - 44
Case :- FIRST APPEAL No. - 798 of 2021 Appellant :- Ankit Malviya Respondent :- Raunak Malviya Counsel for Appellant :- Hausihla Prasad Mishra Counsel for Respondent :- D.K.Ojha
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Krishan Pahal,J.
Heard Sri H.P. Mishra, learned counsel for the appellant and Sri D.K. Ojha, learned counsel for the respondent.
At the outset, Sri H.P. Mishra, learned counsel for the appellant submits that the Ground No.VII in the Memo of Appeal has wrongly been transcribed and the same shall not be treated as part of any statement made on behalf of the appellant.
Considering the said submissions, we permit the learned counsel for the appellant to make necessary amendment in the Memo of Appeal during the course of the day.
The present appeal under Section 19 of the Family Courts Act has been filed by the appellant-husband against the judgement and order dated 27.09.2021 passed by Principal Judge, Family Court, Allahabad in Case No.349 of 2018 (Ankit Malviya Vs. Raunak Malviya), whereby a lump sum amount of Rs.25,000/- has been awarded towards litigation expenses and also Rs.25,000/- per month for the maintenance of the respondent- wife and her minor daughter w.e.f. 13.01.2020 i.e. from the date of the application. The order impugned further records that the arrears of interim maintenance awarded from the date of filing of application i.e. on 13.01.2020 to the date of the order i.e. 27.09.2021 shall be paid in three instalments in an interval of one month. The monthly maintenance, however, has to be paid by 10th day of each month regularly.
The admitted facts are that the appellant-husband is an Assistant General Manager in Steel Authority of India Limited (SAIL) at Ranchi, Jharkhand although his permanent address is at Allahabad. After deductions, the appellant-husband draws monthly salary of Rs.80,000/- per month as is admitted by the appellant himself in his affidavit filed in the Family Court. On 06.03.2018, the appellant-husband had filed a Divorce Petition under Section 13 of the Hindu Marriage Act being Suit No.349 of 2018. Thereafter, the respondent-wife Raunak Malviya had filed an application under Section 24 of the Hindu Marriage Act for the grant of interim maintenance pendente lite in the said divorce petition.
Section 24 of the Hindu Marriage Act provides that the application for interim maintenance shall be decided within a period of six months. The Family Court has rightly decided the application under Section 24 of the Hindu Marriage Act within the stipulated period (excluding the Covid-19 period).
At the time of hearing, detailed arguments had been advanced on behalf of both the parties and learned Family Court has recorded the finding regarding income of the appellant being Assistant General Manager in Steel Authority of India Limited (SAIL) at Ranchi, Jharkhand, having been established by way of his salary slip of the month of May, 2018 which was to the tune of Rs.1,11,617.07/- per month and after necessary deductions from the said salary, he draws a Net salary of Rs.80,000/- per month.
As per the observation of the Apex Court in the case of Rajnesh Vs. Neha and Another reported in 2021 (2) SCC 324, ordinarily about one-third of the income of the spouse can be fixed towards interim maintenance.
In view of the aforesaid and considering the income proof of the appellant-husband, we find that the interim maintenance of Rs.25,000/- per month along with the lump sum expenses of Rs.25,000/- is reasonable and proper.
We, therefore, find that the present appeal being devoid of merits and accordingly, dismiss it at the admission stage itself.
Order Date :- 27.10.2021 Siddhant