Court No. - 21
Case :- FIRST APPEAL No. - 638 of 2018 Appellant :- Manish Kumar Respondent :- Smt. Bhavani Kumar Counsel for Appellant :- Chandra Keshwar Singh Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Present appeal under Section 19(1) of the Family Court Act, 1984 has been filed assailing the order dated 29.8.2018 passed by the Principal Judge, Family Court, Kanpur Nagar whereby application under Sections 24 and 26 of the Hindu Marriage Act filed by respondent has been decided in case No.511 of 2015 filed by the appellant under Section 9 of the Hindu Marriage Act, 1955.
The appellant was married to respondent on 23.4.2012 according to Hindu rites and customs. It appears that some matrimonial dispute arose between the parties. According to appellant, respondent wife at present is living at Thane, Maharashtra and he has filed a case of restitution of conjugal rights under Section 9 of the Hindu Marriage Act. During the pendency of the said case, an application was filed by respondent under Sections 24 and 26 of the Act for interim maintenance to her and her daughter Ahana as well as for litigation expenses. In the said application it was averred that appellant was earning about Rs.5 lacs per month and was running a firm in the name of Trilok Chand & Sons as well as KMR Enterprises. He is having three cars and was residing in a bungalow of 600 Square Yards. The said application was contested by appellant by filing a reply. It was stated that the appellant was already paying Rs.30,000/- as awarded under the Protection of Women from Domestic Violence Act,2005. He also denied that he was earning Rs.5 Lakhs per month. It was further admitted by him that he is having only one car and the bungalow in which he is residing is in the name of his father. Further, appellant claimed that from the aforesaid business he is earning only Rs.35,000/- to Rs.40,000/- per month.
After considering the application and reply of the parties, the Family Judge decided the said application and granted interim maintenance of Rs.20,000/- to respondent and Rs.10,000/- to daughter Ahana Kumar. Further, a lump sum of Rs.30,000/- was also awarded toward litigation expenses. The Family Court further directed that the amount so given as maintenance under the Domestic Violence Act, 2005 was tobe adjusted in the amount of interim maintenance.
Having heard learned counsel for appellant and perusing record of the case, we find that sole argument of appellant is, that maintenance amount of Rs.30,000/- granted by Thane Court was under the Domestic Violence Act and as such the Family Court could not have granted the interim maintenance. The said argument does not have any force as the Principal Judge, Family Court while deciding the said application on 29.8.2018 had clearly held that the amount so awarded under the Domestic Violence Act shall be adjusted towards the interim maintenance.
Thus, we find no infirmity in the order of the Family Court dated 29.8.2018.
The appeal is hereby dismissed.
Order Date :- 30.4.2019 AKJ