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Madhya Pradesh High Court · body

2011 DIGILAW 1240 (MP)

Avneesh Vyas v. Ambar Vyas

2011-11-02

SANJAY YADAV

body2011
ORDER 1. Heard. 2. This petition under Article 227 of the Constitution of India is directed against the order dated 1.7.2011 passed by the Principal Judge, Family Court, Bhopal, whereby, while allowing the application under section 24 of the Hindu Marriage Act, 1955 fixed pendente lite maintenance for the respondent-wife and son to Rs. 7,000/- (Rs. 3,000/- for wife and Rs. 4,000/- for the son) and Rs. 5,000/- towards legal expenses. 3. Suit for divorce is by the petitioner. The petitioner and respondent No. I have a son aged 9 years born out of wedlock. The son lives with the wife who earns her livehood by teaching in school where she earns Rs. 7,577/- per month. The son studies in Class-IV. The petitioner on the other hand is a Placement Officer in Devi Ahliya Bai Vishvavidyalaya, Indore, and earns Rs. 15,876/-. 4. Respondent filed an application under section 24 of the Hindu Marriage Act, 1955 for maintenance pendente lite claiming Rs. 25,000/- per month. 5. The trial Court after considering the entire facts held that Rs. 7,000/- i.e., Rs. 3,000/- for the wife and Rs. 4,000/- for the son per month would be sufficient to meet out the monthly maintenance expenses. The trial Court also granted Rs 5,000/- for legal expenses. 6. The petitioner assails the order on the ground that the amount towards maintenance pendente lite is excessive and the respondent-wife also earns through teaching and, therefore, not entitled for the maintenance pendente lite. The contention that the respondent is employed and is earning a fixed amount, therefore, not entitled for maintenance during the pendency of litigation cannot be accepted, because besides maintaining herself she has to look after her son and meet out her daily expenses besides the teaching expenses. Therefore, while looking after the child in the best possible manner, she has a right to live with dignity. The amount of Rs. 3.000/- per month for maintenance pendente litel cannot be said to be excessive nor the amount of Rs. 4,000/- per month for the maintenance of child. 7. The order cannot be faulted with. The petition fails and is hereby dismissed.