JUDGMENT Hon'ble Ravindra Maithani, J. (Oral) This is an appeal against the order dated 23.05.2019 passed by learned Principal Judge, Family Court, Dehradun in Original Suit No. 923 of 2018, Neeraj Pal Singh vs. Jiya Singh (hereinafter referred as ‘the case'). By the impugned order the appellant has been directed to pay Rs. 7000/- as maintenance pendente lite and Rs. 10,000/- against expenses of the proceedings, under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘The Act'). 2. The case is based on a petition under Section 13 of the Hindu Marriage Act filed by the appellant for dissolution of the marriage. During pendency of the case, respondent filed an application under Section 24 of the Act, claiming 25,000/- per month as maintenance pendente lite and Rs. 25000/- as expenses of the proceedings. The appellant filed objection to it. By the impugned order, the learned court below directed the appellant to pay Rs. 7000/- per month maintenance pendente lite from the date of order. Aggrieved the appeal. 3. None appears for the respondent. She has been served but did not choose to appear. 4. Heard Mr. Arun Pratap Singh, learned counsel for the appellant. 5. Learned counsel for the appellant would argue that, in fact, the respondent is financially sound. She runs a Unisex Saloon which was opened with the financial resources of the appellant. For this purpose, the appellant had taken a loan and he is still re-paying it at Rs. 24000/- monthly installment. His net salary is 40,480/- and after deducting the installment of the loan, he is getting Rs. 16,000/- per month approx. Therefore, the amount of maintenance pendente lite, as awarded by the learned court below to the respondent, is on higher side. 6. Appellant has stated that his gross salary is Rs. 60,051/- and after deduction it comes to Rs. 40,080/-. But no record, as such, is filed by the appellant which would show that from this Rs. 40,080/-, in fact, Rs. 24,000/- per month is deducted for repaying of the loan. 7. Since there is no income proof of the respondent, whatever assessment will be made by the court would be based on some assumption and attending factors, which have been proved. It is undisputed that the respondent runs a Saloon in the city of Dehradun.
40,080/-, in fact, Rs. 24,000/- per month is deducted for repaying of the loan. 7. Since there is no income proof of the respondent, whatever assessment will be made by the court would be based on some assumption and attending factors, which have been proved. It is undisputed that the respondent runs a Saloon in the city of Dehradun. During the course of argument, learned counsel for the appellant submits that the amount of maintenance pendente lite should be reduced to Rs. 5000/-. 8. Having considered the arguments and the facts, which have been brought on record, and also keeping in view the fact that the respondent did not choose to appear in the proceedings, the court is of the view that the amount of maintenance pendente lite should be reduced from 7000/- to Rs. 5000/- per month. 9. Appellant shall pay Rs. 5000/- per month as maintenance pendente lite to the respondent, under Section 24 of the Act. 10. The impugned order stands modified, accordingly. 11. The appeal is disposed of in terms of the order, as above.