AKANKSHA GEHALOT Vs. ANTRIKSH GEHALOT

JUDGEMENT

(1.) The appellant has preferred this First Appeal (MAT) against the judgment and order dtd. 12/2/2024 passed by the learned Family Court, Rajnandgaon in Civil Case No. 251A/2023 whereby the learned Family Court while deciding the application preferred by the appellant under Sec. 24 of the Hindu Marriage Act for maintenance pendente lite has granted Rs.100.00 to the appellant herein for each appearance and litigation cost of Rs.3,000.00 and has not awarded any amount under the head of maintenance.

(2.) Learned counsel for the appellant submits that while considering the application under Sec. 24 of the Hindu Marriage Act, 1955, it is the bounden duty of the Family Court to consider and pass a speaking order with regard to the maintenance pendente lite. The impugned order has been passed contrary to the spirit and mandate of Sec. 24 of the Hindu Marriage Act, 1955 which aims to support either of the spouse during the pendency of the proceeding under the said Act. The appellant's application dtd. 12/2/2024 was duly supported by an affidavit and the appellant had categorically stated that she has no independent source of income sufficient for her to live and bear the cost of living and further for the cost of proceeding. It was specifically pleaded by the appellant that she requires monetary help to sustain her living and to contest the concerned proceeding and it was also specifically pleaded by the appellant that respondent is gainfully employed and earns substantial income of Rs.30.00 lakhs per annum and also, has ancillary sources of income and these facts were never denied by the respondent in affidavit.

(3.) The learned trial Court relied upon the submission made by the respondent which was only oral and not supported by the affidavit. So, order passed by the learned trial Court is erroneous and the learned trial Court also awarded cost which is insufficient for daily expenses. As such, the impugned order is liable to be modified.