NILOY @ NILOY GHOSH Vs. SMT. DEBOLINA

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 15.07.2014 passed in M.C.No.745/2013 impugned at Annexure-C to the petition.

(2.) The petitioner is the husband of the respondent. The relationship between the parties is not in dispute. Due to certain marital discord, they have been residing separately. The petitioner herein has instituted the petition in M.C.No.745/2013 seeking dissolution of marriage. In the pending proceedings, the respondent has filed an application under Section 24 of the Hindu Marriage Act seeking interim maintenance. The Court below by order dated 15.07.2014 has directed the petitioner to pay the monthly maintenance of Rs.15,000/- in addition to Rs.3,500/- which the petitioner is stated to be paying to the respondent. Apart from the said amount, litigation expenses of Rs.20,000/- is ordered. The petitioner claiming to be aggrieved by the same is before this Court in this petition.

(3.) The petitioner while assailing the order passed by the Court below would contend that the maintenance as ordered is on the higher side. It is contended that the Court below in fact has taken note of the fact that a sum of Rs.3,500/- was being paid and yet a sum of Rs.15,000/- is ordered, though the net salary of the petitioner was accepted at Rs.45,662/- as noticed by the Court below. It is the further contention of the learned counsel for the petitioner that the Court below has also not taken into consideration that the rental is also being paid by the petitioner and in that view, a consideration was required to be made. It is also contended by the learned counsel that the respondent is a qualified law graduate and as such, she has her own income and even if she has no income, she has the capacity to earn and therefore the Court below ought to have kept this aspect also in view and thereafter a conclusion ought to have been reached.