Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 1600 (RAJ)

Kalu Gaadri v. Prem

2012-07-23

SANGEET LODHA

body2012
JUDGMENT 1. - This writ petition is directed against order dated 17.2.2010 passed by the District Judge, Bhilwara, whereby an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") has been allowed and the petitioner has been directed to pay a sum of Rs. 3,000/- per month as the maintenance pendent lite to the respondents with effect from the date of filing of the application and further to pay a sum of Rs. 2,000/- as litigation expenses. 2. It is submitted by the learned counsel that the learned Court below has seriously erred in directing the petitioner to play a sum of Rs. 3,000/- per month as interim maintenance to the respondents. It is submitted that the petitioner and the respondent No. 1 had entered into 'nata marriage' which cannot be considered to be a marriage solemnized in accordance with the provisions of the Act of 1955 and therefore, the application preferred seeking divorce under Section 13 of the Act is not maintainable and for the parity of reasons, the application under Section 24 of the Act was also not maintainable. Learned counsel urged that without there being any proof regarding the petitioner's income, the maintenance awarded by the Court below is highly excessive. It is submitted by the learned counsel that the petitioner, a labourer is not in position to earn more than Rs. 700-800 per month. Learned counsel further submitted that the respondent has not been able to establish the fact that she has no independent income sufficient to maintain herself. 3. The question as to whether the marriage entered into between the parties could be considered to be a valid marriage solemnized in terms of provisions of the Act of 1955 or not is a matter which is to be decided by the Court below after-trial and therefore, at this stage, while deciding the application under Section 24 of the Act of 1955, the Court below was not required to consider the question of maintainability of application preferred under Section 13 of the Act of 1955 and therefore, the contention raised in this regard by the petitioner is devoid of any, merit. 4. 4. Indisputably, the purpose behind Section 24 of the Act of 1955 is to provide necessary financial assistance to the party to the matrimonial dispute who has no sufficient means to maintain himself/herself or to bear the expenses of the proceedings. While considering the application for award of interim maintenance, the relevant consideration is the inability of the spouse to maintain himself or herself for want of independent income or inadequacy of the income to maintain at the level of social status of other spouse. 5. No hard and fast rule can be laid down for determination of the amount of interim maintenance. The absence of strict proof regarding the income cannot be a ground for denial of interim maintenance altogether. It is pertinent to note that the minimum wages payable to the labourer are determined by the State Government by issuing notification under the provisions of Minimum Wages Act, 1948 and at present, the minimum wages payable to the labourer is Rs. 147 per day. Thus, the petitioner must be earning at least Rs. 3,000-4,000 per month. Thus, the interim maintenance of Rs. 3,000/- per month determined by the Court below appears to be excessive. Having regard to the facts and circumstances of the case, in considered opinion of this Court, an amount of Rs. 2,000/- per month shall be the appropriate amount of maintenance pendent lite to be paid by the petitioner to the respondent. 6. Accordingly, the writ petition is partly allowed. The amount of interim maintenance payable by the petitioner to the respondents determined by the Court below is reduced from Rs. 3,000/- per month to Rs. 2,000/- per month. The order impdgned shall stand modified accordingly. No order as to costs.Petition partly allowed. *******