Court No. - 34
Case :- FIRST APPEAL No. - 598 of 2019 Appellant :- Pramod Kumar Rai Respondent :- Kajal Kumari Counsel for Appellant :- Dhirendra Pratap Singh Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for appellant and perused the record.
2. This appeal under Section 19 of Family Courts Act, 1984 has arisen from judgment and order dated 31.07.2019 passed by Principal Judge, Family Court, Gorakhpur on Application No. 13Ka filed under Sections 24 and 26 of Hindu Marriage Act, 1955 (hereinafter referred to as “Act, 1955”) awarding interim maintenance of Rs. 13,000/- per month to respondent-wife and Rs. 4000/- per month to minor daughter, who is living with wife. Besides, Court below has also awarded lump sum Rs. 10,000/- as litigation expenses and Rs. 350/- on each day when respondent-wife come to attend Court in pending litigation.
3. Learned counsel for appellant submitted that appellant has placed his salary slip before Court below and award of interim maintenance of Rs. 17,000/- is on higher side.
4. However, we find that this aspect has been considered by Court below and it has found that total salary of appellant in November, 2018 was Rs. 54,339/- out of which after deducting loan installments and other deductions, carry home salary was Rs. 35,464/- and amount of interim maintenance awarded to wife and minor children is Rs. 17,000/-, i.e., below than the half of carry home salary, therefore, it cannot be said to be excessive or unjust.
5. No other point has been argued.
6. Appeal lacks merit and is accordingly dismissed.
Order Date :- 22.8.2019 AK