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2018 DIGILAW 336 (MP)

Pushpraj Singh Rajput v. Hema Rajput

2018-03-20

NANDITA DUBEY, S.K.GANGELE

body2018
ORDER 1. As per report of the Mediator, the mediation is unsuccessful. 2. The report is taken on record. 3. The appellant has filed this appeal against the judgment dated 1.7.2013 passed in Civil Suit No. 70-A of 2013. He filed a suit for divorce. The trial Court granted decree of divorce and further ordered that the appellant shall pay an amount of Rs. 8,000/- per month as permanent maintenance to the wife and daughter of the appellant. This appeal has been filed against the order in regard to grant of permanent maintenance. Along with the appeal an affidavit of the appellant has been filed and a certificate of Convent School, Barkhedi. Before the trial Court, the appellant filed his affidavit as evidence and the respondent - wife filed her evidence as affidavit. Both were cross - examined. Except this, no other evidence was produced by the appellant. The appellant, in his cross examination admitted the fact he has twelve acres of land at village Muhasa. Some land is irrigated and some is unirrigated. He is getting Rs.50,000/- per year income from the land. The father of the appellant is an Ayurvedic Doctor. He further admitted the fact that he does not know that in which class, his daughter was studying and he also stated that he tried to contact his daughter on phone. However, he was not able to contact her. He further admitted that he has not made any provision for maintenance of his daughter and respondent had been incurring expenses of Rs. 3,000/- per month towards education of his daughter. He also admitted the fact that the respondent - wife was not working and both wife and daughter need near about Rs. 8,000/- per month as maintenance. 4. On the basis of evidence of appellant and admission, the trial Court awarded interim maintenance @ Rs. 8,000/- per month for respondent and his daughter. The respondent in her evidence deposed that the appellant is the owner of sixty acres of land and her father was incurring the expenses of education of his child and herself. 5. Looking to the evidence on record and admission of the appellant himself, in our opinion, the trial Court has rightly awarded the permanent maintenance @ Rs. 8,000/- per month to the wife and daughter. We do not find any merit in this appeal. It is hereby dismissed.