Court No. - 3
Case :- FIRST APPEAL No. - 424 of 2018 Appellant :- Vikas Kumar Yadav Respondent :- Smt. Sheela Yadav Counsel for Appellant :- Sanjay Srivastava
Hon'ble Pankaj Mithal,J.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Sanjay Srivastava, learned counsel for the appellant-husband.
The appellant-husband has preferred this appeal against the judgment and order dated 28.2.2018 passed by the Principal Judge, Family Court awarding Rs. 2500/- per month as pendentelite maintenance to the respondent- wife under Section 24 of the Hindu Marriage Act.
The submission of learned counsel for the appellant- husband is that he is earning only Rs. 6000/- per month. Therefore, the award of Rs. 2500/- as maintenance is highly excessive.
The amount of Rs. 2500/- per month is bare minimum required to maintain a person, therefore, in view of the fact that respondent-wife has no means of her livelihood and that the appellant-husband as per his own admission is earning Rs. 6000/- per month, we do not find that the aforesaid award is excessive or is arbitrary.
Moreover, award of pendentelite maintenance is not final and is by way of summary disposal of the application under Section 24 of the Act subject to the final adjudication of the rights of the parties on trial.
In view of above, we do not consider that any illegality has been committed by the Family Court in awarding Rs. 2500/- per month as pendentelite maintenance.
The appeal lacks merit and is dismissed. Order Date :- 31.5.2018 Jaswant