Court No. - 44
Case :- FIRST APPEAL No. - 790 of 2021 Appellant :- Pushpendra Respondent :- Smt. Ravita And Another Counsel for Appellant :- Rameshwar Prasad Mishra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Krishan Pahal,J.
Heard learned counsel for the appellant and perused the record.
The present appeal is directed against the order dated 31.3.2021 passed by the Family Court, Mahoba on an application under Section 24 of the Hindu Marriage Act filed by the respondent- wife, in the proceeding under Section 9 of the Hindu Marriage Act instituted by the husband.
The Family Court has fixed Rs. 8000/- per month as interim maintenance till disposal of the proceedings or till further orders.
The contention of the learned counsel for the appellant is that as per the current pay slip of the appellant for the month of April, 2021, the appellant is earning approximately Rs. 20,000/- per month only and he has to bear the responsibility of his parents who are dependent on him. It is contended that the appellant has no other source of income than his job in the Railway department.
Considering the said submission of the learned counsel for the appellant, we may note that though bald assertion had been made regarding the responsibility of the appellant towards his parents but there is no categorical assertion that the father of the appellant is completely dependent on him or he does not have any earning of his own.
The bald assertion in paragraph '14' of the affidavit that the appellant has no other source of income cannot be accepted to reduce the monthly maintenance awarded to the wife. Even otherwise, as per own admission of the appellant, he is earning approximately Rs. 20,000/- and only Rs. 8000/- fixed by the Family Court to wife cannot be said to be excessive.
For the aforesaid, we do not find any merit in the appeal. The appeal is dismissed at the admission stage itself.
However, before parting with the appeal, we may note that in case, the appellant husband refuses to pay the monthly maintenance to the wife timely, she will be free to approach his employer who shall deduct the monthly maintenance from the salary of the husband to transmit in the account of the wife.
Order Date :- 27.10.2021 Brijesh