PAVAN KUMAR Vs. SWATI

JUDGEMENT

(1.) The husband is before this Court challenging the order of monthly maintenance of Rs.4,000.00 to the wife.

(2.) Learned counsel for the petitioner-husband contends that the award of Rs.4,000.00 per month would be exorbitant, having regard to the fact that a sum of Rs.3,000.00 has already been awarded as interim maintenance in the proceedings initiated under the Domestic Violence Act . He submitted that the petitioner, though a Diploma holder, had lost his job due to Covid and was presently staying in his village and carrying out agricultural activities and he was obliged to look after his mother and other family members and he hardly had any income to take care of his mother and sisters. It is submitted that the petitioner would not be able to afford payment of Rs.7,000.00 per month out of the earnings from his agricultural lands and therefore the impugned order was required to be set aside.

(3.) An argument is also advanced that the wife had admitted that it had been agreed upon that they would live in Bengaluru and due to the Pandemic he had lost his job and was residing in the village and this by itself was indicative of his inability to earn a living, cannot be accepted.