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Madhya Pradesh High Court · body

2010 DIGILAW 1149 (MP)

Premnarayan Swarnkar v. Chhaya Swarnkar

2010-11-19

S.N.AGGARWAL

body2010
ORDER 1. The petitioner is the husband. He has filed this petition under section 19 (4) of the Family Courts Act, 1984, against the order of interim maintenance dated 4.8.2010 passed by the Family Court Judge. awarding Rs. 2,500/- per month as maintenance for respondent no. 1/ wife and Rs. 700/- per month for respondent no. 2/daughter, under section 125 of CrPC. 2. Arguments on admission have been heard. 3. Mr. Verma, learned counsel appearing on behalf of the petitioner/husband contends that there are exceptional circumstances in the case on account of which the family Court should not have granted any interim maintenance in favour of the respondents. The exceptional circumstances pointed out by him are that two children were born out of their wedlock; one son and one daughter. According to learned counsel, the son is presently residing with his father being the petitioner herein, whereas the daughter, before the respondents no.1/ wife left matrimonial home, was studying in Central School, at Jhansi and the respondent no.1/ wife immediately she left matrimonial home of her own account got the daughter admitted in an ordinary school at Gwalior without any intimation to the petitioner husband. 4. The above submissions in opposition to the interim maintenance order made on behalf of the petitioner cut no ice. These submission are not tenable while considering award of interim maintenance to an estranged wife and the children. A perusal of the impugned or order reveals that the Court below has found the income of the petitioner/husband to be around Rs. 16-17.000/- per month as against Rs. 33,000/- per month claimed by the respondents. 5. Having regard to the income of the petitioner/husband, this Court is of the opinion that total interim maintenance Rs. 3,200/- awarded by the Court below in favour of the respondents is neither exorbitant nor unreasonable. It is the duty of the husband to maintain her wife and children. 6. For the forgoing reasons. I do not find any merit in this revision petition which is hereby dismissed summarily.