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Rajasthan High Court · body

2019 DIGILAW 2636 (RAJ)

Ghewar Ram v. Guddi

2019-10-03

SANGEET LODHA, VINIT KUMAR MATHUR

body2019
JUDGMENT 1. This appeal is filed by the appellant assailing the legality of the order dated 15.4.19 passed by the Family Court No.1, Jodhpur in Civil Original Case No.20/17, whereby an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (for short the Act of 1955 ) has been allowed. The appellant has been directed to pay maintenance pendente lite a sum of Rs.5,000/- per month to the respondent. 2. The appellant filed a petition against the respondent seeking divorce under the provisions of Section 13 of the Act of 1955. During the pendency of the petition, the respondent filed an application under Section 24 of the Act of 1955, claiming maintenance pendente lite from the appellant a sum of Rs.15,000/- per month, Rs.5,000/- towards house rent, Rs.25,000/- towards litigation expenses and Rs.1,000/- towards to and fro expenses to attend each date of hearing. The respondent averred in the application that she has no source of income whereas, the appellant is having 25 bighas irrigated land and 195 bighas other agriculture land, wherefrom he is earning Rs.5 lacs and Rs.40-45 lacs per annum respectively. 3. After due consideration of the rival submissions, the Family Court determined the maintenance pendente lite payable by the appellant to the respondent as Rs.5,000/- per month. 4. Learned counsel appearing for the appellant contended that the respondent has left the company of the appellant on her own volition and therefore, she is not entitled for any maintenance. It is submitted that the appellant is a religious person, who has left his house after his disturbed marital life and presently, he is staying in a temple as saint and has no source of income whatsoever. 5. We have considered the submissions of the learned counsel and perused the material on record. 6. 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 independent income of his own sufficient for her or his support 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. 7. 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. 7. It is pertinent to note that the appellant has not disputed the factum of his being khatedar tenant of 25 bighas irrigated land and 195 bighas other agriculture land. It is true that there was no cogent evidence brought on record regarding actual income of the appellant but obviously, the appellant having huge agriculture land, must be earning a reasonable income. The respondent having left the company of the appellant on her own volition, cannot be a ground to deny the maintenance pendente lite. Admittedly, nothing was brought on record to show that the respondent has her own source of income. 8. Thus, on the facts and the circumstances of the case, the order impugned passed by the Family Court determining a meagre amount of Rs.5,000/- as maintenance pendente lite payable to the respondent by the appellant cannot be said to be excessive so as to warrant interference by us in exercise of appellate jurisdiction. 9. The appeal is therefore, dismissed.