Court No. - 21
Case :- FIRST APPEAL No. - 337 of 2019 Appellant :- Dushyant Respondent :- Smt. Poonam Counsel for Appellant :- Deepak Kumar Yadav
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Present appeal under Section 19 of the Family Court Act, 1984 has been filed assailing the order dated 14.2.2019 passed by Principal Judge, Family Court, Bulandshahar in Misc. Case No.23 of 2018 under Section 24 of the Hindu Marriage Act, 1955. Appellant was married to respondent according to Hindu rites and custom. Matrimonial dispute arose between the parties and a divorce petition was filed by the appellant in the year 2018 under Section 13 of the Hindu Marriage Act. During the pendency of the said divorce petition, respondent filed an application under Section 24 of the Hindu Marriage Act for maintenance pendente lite. In the said application, prayer for granting Rs.25,000/- lumpsum litigation expenses and Rs.1,000/- for travelling expenses on each date, and further Rs. 15,000/- as interim maintenance was claimed by respondent. She further claimed that appellant was a Constable in the U.P. Police and was getting a salary of Rs.42,000/- per month and further he was having an agricultural income of Rs.15,000/- per month.
The said application was contested by appellant who filed his reply. In the said reply, only averment made was that respondent was earning about Rs.8-10,000 per month from tuition. The Principal Judge, Family Court after considering the application and objection on 14.2.2019 granted Rs.250/- on each date as conveyance allowance for attending the matrimonial case, and further directed Rs.15,000/- as lumpsum litigation expenses, and also granted Rs.6000/- as interim maintenance to the respondent and Rs.2,000/- to their daughter, total amount of Rs.8,000/- per month was granted by the Court below.
Having heard Sri D.K. Yadav, learned Counsel for the appellant and perusing record of the case, we find that it is not in dispute that appellant is posted as Constable in U.P. Police and drawing a salary of Rs.42,000/- per month, while the respondent is unemployed, and further from the aforesaid wedlock, they have one daughter. Thus, respondent is entitled to interim maintenance fixed @ 6,000/- per month to the respondent and Rs.2,000/- per month to their daughter and also lumpsum litigation expenses of Rs.15,000/-, which is not on a higher side considering the income of the appellant.
In view of the above, we are of the opinion that there is no infirmity in the order passed by the Principal Judge, Family Court, Bulandshahar.
The appeal lacks merit and is dismissed.
Order Date :- 29.4.2019 S. Singh