Court No. - 39
Case :- FIRST APPEAL No. - 1013 of 2021 Appellant :- Sanjay Prasad Respondent :- Smt. Karmwati Counsel for Appellant :- Surya Prakash Pandey,Ajay Tripathi,Shantanu Bhardwaj
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vikram D. Chauhan,J.
Heard Sri Ajay Tripathi learned counsel for the appellant husband and perused the record.
The present appeal is directed against the order passed under Section 24 of the Hindu Marriage Act whereby barely Rs.1,000/- per month has been fixed as interim maintenance for the respondent wife. In addition to the same, Rs.4,000/- in lumpsum has been awarded towards the cost of the litigation, out of which Rs.2000/- has to be paid at the stage of filing of the written statement and the remaining Rs.2000/- at the stage of evidence.
The appellant herein has filed a petition under Section 11 of the Hindu Marriage Act for annulment of the marriage. On the presentation of the said petition, respondent wife has turned up to seek interim maintenance. Nothing has been stated in the appeal regarding the assets and liabilities of the appellant husband. It is an admitted fact that the respondent wife has no source of income. It is not even indicated that the respondent wife is getting interim maintenance in any other proceeding.
The object and purpose of the interim maintenance to protect the estranged wife from reaching at the stage of destitution or vagrancy, i.e to ensure that she is able to maintain herself and may not be left on the street on account of failure of marriage.
Be that as it may, Rs.1000/- per month cannot be said to be excessive. No interference is required to be made. The appeal is dismissed at the admission stage itself.
Order Date :- 24.12.2021 Harshita