Research › Search › Judgment

Jharkhand High Court · body

2001 DIGILAW 291 (JHR)

Chandrani Sinha v. Kausik Sinha

2001-04-26

M.Y.EQBAL, VINOD KUMAR GUPTA

body2001
ORDER 1. We are considering the appellant-petitioners application under Section 24 of the Hindu Marriage Act. which has been filed by the appellant-petitioner in this appeal against the Judgment and decree, dated 13th January, 2000, passed by the learned Principal Judge, Family Courts at Dhanbad, in Title (Matrimonial) Suit No. 169/1999 relating to the granting of a decree for restoration of conjugal rights. In the application for maintenance pendents lite, the appellant-petitioner has prayed for grant of maintenance @ Rs. 6,000/- per month with effect from 30th November, 1999, on the ground that the petitioner is not able to support herself and her minor daughter, whereas the respondent-husband is earning so much income which is sufficient to maintain himself and at the same time provide for maintenance allowance at the aforesaid rate to the appellant- petitioner and her minor daughter aged 3-1/2 years. 2. We have heard the learned counsel appearing for the parties and have gone through the contents of the application as well as reply thereto filed by the respondent. 3. Mr. S.K. Laik, learned counsel appearing for the respondent, submits that the respondent is not in a position to pay monthly alimony at any rate more than Rs. 1,500/-per month, looking to the income of the respondent. Our attention has been drawn to paragraph 21 of the reply-affidavit filed by the respondent, wherein the respondent has averred that he earns Rs. 500/- per month towards his salary and a nominal amount he is getting his share of profit. When we compare Mr. Laiks statement with the specific statements made in paragraph 21 of the reply, we find that the respondent has been either inconsistent or untruthful about the extent of his monthly income. The fact remains, however, that the appellant-petitioner has no source of income and for her, the only means of dependence would the alimony to be provided to her by the respondent. 4. On an overall consideration, therefore, we dispose of the application filed by the appellant-petitioner and direct that the respondent shall pay to the petitioner-appellant an amount of Rs. 2,200/- (two thousand & two hundred) per month towards the maintenance allowance for herself and for her minor daughter. The first payment shall be made on or before 1st May, 2001. 4. On an overall consideration, therefore, we dispose of the application filed by the appellant-petitioner and direct that the respondent shall pay to the petitioner-appellant an amount of Rs. 2,200/- (two thousand & two hundred) per month towards the maintenance allowance for herself and for her minor daughter. The first payment shall be made on or before 1st May, 2001. Thereafter, for monthly payment every month shall be made before the 5th day of the succeeding month, which means that the monthly payment for the second month shall be made before the 5th June, 2001. 5. Mr. M. Tiwary, learned counsel appearing for the appellant- petitioner, submits that we should grant arrears also on the aforesaid rate starting from 30th November. 1999. Mr. Laik opposes this prayer and submits that the application for payment of alimony has been filed by the appellant-petitioner only on 28th February, 2001, and therefore, the appellant-petitioner is not en- titled to any arrears of monthly maintenance allowance. 6. On the question of arrears, we have given out thoughtful consideration and find that even though the application has been filed by the appellant-petitioner on 28th February, 2001, in this Court, in the trial Court the application was filed as early as on 30th November, 1999. The fact also remains that so far, right from the time the parties are in litigation, the respondent has not paid any maintenance allowance to the appellant-petitioner. Undoubtedly, the parties are in litigation for almost more than two years now and for these period, the appellant-petitioner has been deprived of the maintenance allowance. We, therefore, in totality of the circumstances, order and direct that the respondent shall pay to the petitioner-appellant a total sum of Rs. 25,000/- as arrears of maintenance allowance. This amount shall be paid to the appellant- petitioner within two weeks from today. 7. The application under Section 24 of the Hindu Marriage Act (flag - A) is disposed of. 8. Application disposed of.