Court No. - 34
Case :- FIRST APPEAL No. - 898 of 2019 Appellant :- Ravindra Kumar Respondent :- Smt. Rekha And Another Counsel for Appellant :- Gyan Prakash Mishra,Santosh Kumar Rai
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Santosh Kumar Rai, learned counsel for appellant.
2. This appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as 'Act, 1984') has arisen from judgment and order dated 30.09.2019, passed by Smt. Deepa Jain, Principal Judge, Family Court, Bulandshahr on an application under Section 24 of Hindu Marriage Act, 1955 (hereinafter referred to as 'Act 1955') filed by respondent-wife, whereby Court below awarded interim maintenance at the rate of Rs.10,000/- per month to respondent-wife, Rs.2,000/- per month to daughter, Rs.300/- towards conveyance and other expenses for every date attended by respondent-wife before Court below and Rs.18, 000/- as litigation expenses.
3. It is contended by learned counsel for appellant that interim maintenance is too excessive.
4. Court below however has recorded a finding that appellant is a constable in Central Industrial Security Force and his monthly income/salary is Rs.50,000/-. Considering the same, we do not find any cogent reason to hold that amount of interim maintenance awarded by Court below to respondent-wife to the tune of Rs.12,000/- per month, is excessive or unjust.
5. It is not in dispute that no material was placed on record by appellant before Court below as also this Court to show that respondent-wife has any independent source of income. Appellant has moral and legal duty to maintain his wife and daughter and amount awarded by Court below cannot be said to be excessive, unjust or arbitrary so as to warrant interference.
6. Appeal lacks merit and is, accordingly, dismissed at the stage of hearing under Order 41 Rule 21 of C.P.C.
Order Date :- 20.12.2019 Prajapati