Heard the party-in-person.
It is the case of the party-in-person that he is unable to deposit the amount of maintenance as ordered by the Family Court No.2, Ahmedabad, vide order dated 14.12.2011 below application No.23 in Misc. Application No.1833 of 2009.
Upon consideration of the relevant material, documentary as well as oral evidence, on record, the Family Court has come to the conclusion that the applicant, party-in-person, used to physically and mentally harass opponent No.2(wife); was a habitual drunkard; and that he has deserted opponent No.2 (wife) and opponent Nos.3 and 4 (minor daughters) from his house. That the applicant would be drawing the monthly salary of Rs.8,000/- to Rs.10,000/- as he is serving as Security in Ahmedabad city since many year. The Family Court has found that the applicant's parents are no more and is living separately from his brother and has no other liability to maintain any one else, except his wife and two daughters (11 years and 3 years old). The Family Court, after consideration of the totality of the facts and circumstances of the case, was of the opinion that the opponent-wife would require Rs.3,000/- per month to maintain herself; Rs.1000/- to maintain the elder daughter and Rs.500/- to maintain the younger daughter. The said amount of maintenance is due from 24.7.2009. Under the law, the presumption is against the husband being an able bodied man and supposed to maintain his wife and family and the award of monthly maintenance of Rs.4500/- for a family consisting of wife and two minor daughters [three persons] cannot be said to be in any manner excessive or unreasonable warranting interference by this Court in exercise of powers under Articles 226 and 227 of the Constitution of India. In absence of any merit, this petition is rejected.
(ANANT S. DAVE, J.) (swamy) Top