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Madhya Pradesh High Court · body

2014 DIGILAW 695 (MP)

Ajay v. Priyanka

2014-06-23

M.C.GARG

body2014
ORDER 1. This revision petiton filed by the petitioner aggrieved of an order passed by the Family Court on an application filed under section 125 CrPC whereby the Family Court granted maintenance @ Rs.5,000/- p.m. to the wife , Rs.3,000/- p.m. to the child besides directing payment of Rs.5,000/- towards the house rent. In addition to that the petitioner was also directed to pay the actual fee of the child born from the wedlock. The total payment amounted to almost Rs.18,000/- p.m. It is this order which has been assailed for by the petitioner before me. 2. According to the learned counsel for the petitioner, the annual income of the petitioner is only Rs.1.5 lacs i.e. to say the amount awarded cannot be paid by the petitioner as it takes away the entire salary. 3. I have gone through the pleadings of the parties and find that in so far as respondent is concerned in her application, the respondent prayed for Rs.10,000/- for her maintenance, Rs.5,000/- for the maintenance of the child and Rs.5,000/- for the education expenses of the child and Rs.8,000/- towards the cost of litigation. In this application respondent referring to the income of the petitioner has stated that he is income tax payee and his annual income is about Rs.1.50 lacs i.e to say it is the same amount which the petitioner also agrees. 4. Learned counsel for the petitioner also submits that the respondent is not intentionally living with the husband and living in separate accommodation for which the rent is paid by the petitioner. 5. According to the respondent, the house rent is not being paid by the petitioner, whereas this fact is denied by the petitioner. 6. Considering all the facts of this case and the admitted income of the petitioner, I am of the considered view that the interim amount of maintenance ordered by this Court to be paid to the respondent to the tune of Rs.10,000/- p.m. is justified and does not call for any change except that the house rent amount shall be paid by the petitioner directly to the landlord. The amount of Rs.10,000/- shall be paid from the date of filing of the present petition. 7. It is however made clear that nothing contained in this order would prevent the respondent to file any petition if the need so arises.