Court No. - 44
Case :- FIRST APPEAL No. - 797 of 2021 Appellant :- Vijay Kumar Respondent :- Pooja Singh Counsel for Appellant :- Arvind Srivastava Iii,Anish Kumar Sinha Counsel for Respondent :- Rajendra Singh Chauhan
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Krishan Pahal,J.
The present appeal under Section 19 of the Family Courts Act has been filed by the appellant-husband against the judgement and order dated 17.09.2021 passed by Principal Judge, Family Court, Banda in Suit No.207 of 2019 (Vijay Kumar Vs. Smt. Pooja), whereby interim maintenance of Rs.15,000/- per month has been awarded to the respondent-wife along with a lump sum amount of Rs.20,000/- towards expenses of the suit.
The admitted facts are that the appellant-husband is a Lecturer in Jay Bharat Inter College, Murwal, District Banda and draws monthly salary of approximately Rs.80,000/- per month. The appellant-husband had filed a Divorce Petition under Section 13 of the Hindu Marriage Act being Suit No.207 of 2019. On 21.09.2020, the respondent-wife Smt. Pooja had filed an application under Section 24 of the Hindu Marriage Act for the grant of interim maintenance pendente lite in the said divorce petition.
Section 24 of the Hindu Marriage Act provides that the application for interim maintenance shall be decided within a period of six months. The Family Court has rightly decided the application under Section 24 of the Hindu Marriage Act within the stipulated period (excluding the Covid-19 period). The objections to the application under Section 24 of the Hindu Marriage Act were filed by the appellant on 24.11.2020 before the Family Court.
At the time of hearing, detailed arguments had been advanced on behalf of both the parties and learned Family Court has recorded the finding regarding income of the appellant being a Lecturer in an Intermediate College of the State Government at Banda to the tune of Rs.80,000/- per month and after necessary deductions from the said salary, he draws a Net salary of Rs.56,030/- per month.
As per the observation of the Apex Court in the case of Rajnesh Vs. Neha and Another reported in 2021 (2) SCC 324, ordinarily about one-third of the income of the spouse can be fixed towards interim maintenance.
In view of the aforesaid, considering the proved income of the appellant-husband, we find that the interim maintenance of Rs.15,000/- per month along with the lump sum expenses of Rs.20,000/- is reasonable and proper.
We, therefore, find that the present appeal being devoid of merits and accordingly, dismiss it at the admission stage itself.
Order Date :- 27.10.2021 Siddhant