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Madhya Pradesh High Court · body

2013 DIGILAW 742 (MP)

Megha Gupta v. Vikas Gupta

2013-07-02

B.D.Rathi, U.C.Maheshwari

body2013
ORDER 1. The appellant/applicant-wife has filed the petition under section 28 of the Hindu Marriage Act, 1955 (in short “the Act”) for enhancement of the sum awarded by Principal Judge, Family Court, Gwalior vide order dated 2.12.2011 in Hindu Marriage Case No. 291-A/11. 2. The facts giving rise to this appeal in short are that the appellant herein filed the petition under section 13 of the Act against the respondent on the ground of cruelty and adultery. In pendency of such petition, appellant filed an application under section 24 of the Act for giving proper directions to the respondent to pay her Rs. 20,000/- per month as maintenance for herself and her two growing up children and Rs. 10,000/- as litigation expenses. In such application the age of daughter Bhavya was stated to be 10 years while the age of son Hardeep was stated to be 7 years and in further averments, it was stated that the respondent is getting a salary of Rs. 40,000/- per month from the employer Kendriya Bhandar, Gwalior and despite this, he is also having other immovable properties, out of them, he is getting Rs. 25,000/- per month as rent. Appellant did not have any source of income as such she is unemployed and unable to maintain herself and children. She is not having any source of the income to afford the expenses of the education of the children. With these averments, application was filed. 3. In reply of the respondent by denying the factual matrix of the application, it is stated that respondent is ready and willing to keep her with him but without any sufficient cause, the appellant with an intention to give the physical and mental torture has left the matrimonial home alongwith children. In such premises, she is not entitled for any interim alimony expenses. It is further stated that according to pay slip, he is getting basic salary of Rs. 11,778/- and out of which he is depositing Rs. 1100/- per month in the post office in the name of children. With these averments, the prayer of disposal of the petition was made. 4. On consideration, such application was allowed by the trial Court in part and the respondent was directed to pay the interim alimony of Rs. 7,000/- per month and litigation expenses to the appellant. On which the appellant has come to this Court with this appeal. 5. With these averments, the prayer of disposal of the petition was made. 4. On consideration, such application was allowed by the trial Court in part and the respondent was directed to pay the interim alimony of Rs. 7,000/- per month and litigation expenses to the appellant. On which the appellant has come to this Court with this appeal. 5. Having heard the counsel at length on merits of the appeal, we have carefully gone through the impugned order and the appeal memo. 6. It is apparent from the order impugned and the aforesaid payslip referred by the respondent’s counsel from his file that the respondent was getting the salary of Rs. 19,374/- in the year 2011 and except the appellant and two children, no any other person is dependent on the respondent. In any case, the findings of the trial Court holding the entitlement of the appellant to get maintenance and the litigation expenses has not been challenged by the respondent, so in such premises, such findings have got finality and therefore, this Court is not considering that question again. In this appeal, the Court has to consider and decide the quantum of the interim alimony and the litigation expenses whether the sum awarded by the trial Court is sufficient or it requires further enhancement. 7. In the course of arguments, we are apprised by the appellant’s counsel that the appellant being unemployed person is not in a position to manage all the affairs of the children including their education and nowadays, the education is very costly. It requires lot of expenses. He also argued the case on the basis of the high price index of the food stuffs in the market. Although, such arguments were disputed by the respondent’s counsel but a judicial notice could be taken that nowadays, the education and the other relevant expenses are very high and in such circumstance, sum of Rs. 7,000/- as awarded by the trial Court as interim alimony to the appellant for herself and two children is on very lower side because despite the education of the children, she has to maintain herself and two children to fulfill domestic necessities of the home. 8. In view of the aforesaid circumstance, taking into consideration the salary of the respondent near about Rs. 20,000/- per month, in the available circumstances, the aforesaid sum of Rs. 8. In view of the aforesaid circumstance, taking into consideration the salary of the respondent near about Rs. 20,000/- per month, in the available circumstances, the aforesaid sum of Rs. 7,000/- per month awarded by the trial Court is hereby enhanced to such sum of Rs. 12,000/- per month. So far as, litigation expense is concerned, that appears to be sufficient at this stage. If same is required in future, then the appellant shall be at liberty to file application in this regard before the trial Court and the trial Court shall consider the same. It is made clear, that the aforesaid enhanced sum shall be payable to the appellant from the date of impugned order passed by the trial Court i.e. 2.12.2011. In such premises, it is also observed that the entire arrears of interim alimony shall be paid by the respondent to the appellant in four equal installments with interval of every two months, out of which first installment is to be paid on or before 1st August, 2013 and if such amount is not paid in compliance of this direction then the appellant shall be at liberty to recover the same in accordance with the procedure prescribed under the law. It is made clear that the respondents shall pay the sum of interim alimony to the appellant in between 1st and 10th day of every month according to the month of Gregorian calender. 9. There shall be no order as to costs. 10. The appeal is allowed in part as indicated above.