Court No. - 21
Case :- FIRST APPEAL No. - 460 of 2019 Appellant :- Manoj Srivastava Respondent :- Sangita Alias Santosh Srivastava Counsel for Appellant :- Neerad Srivastava,Girija Shankar Srivastava,Sharad Kumar
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Present appeal has been filed aggrieved by the order of Family Court dated 18th April, 2019, whereby the application of the wife-respondent for payment of interim maintenance has been allowed and the Court has granted Rs.5000/- per month as interim maintenance to the wife and son of the appellant.
learned Counsel for the appellant submits that the said order has been passed without giving any opportunity to him.
Learned Counsel for the appellant has taken us to the order-sheet and the averment made in this regard by him in the Stay application.
We find that in paragraph 3 of the affidavit of Stay application, appellant has stated that he is still ready and willing to keep respondent-plaintiff and his son with him and maintain her. The divorce petition under Section 13 filed by the respondent-wife is still pending.
Hence, without commenting any facts on the merit, we find that Rs.5000/- as interim maintenance under Section 24 of the Hindu Marriage Act is not unreasonable amount and coupled with the fact that in paragraph 3 of the affidavit, the appellant has clearly stated that he is willing and ready to keep and maintain her and his son. In paragraph no.9 of the affidavit, appellant has stated that he is totally unemployed and his only means of livelihood is tuition.
Having due regard to the fact, we are of the view that Rs.5000/- as interim maintenance for wife and for his son is not unreasonable amount, we decline to interfere in the matter.
The appeal is, accordingly, dismissed.
Order Date :- 30.5.2019 S. Singh