PRAMOD KUMAR DIXIT Vs. SEEMA DIXIT @ SANNO

JUDGEMENT

(1.) CM No. 12304/2010.

(2.) THE Petitioner/husband has filed the present petition under Article 227 of the Constitution of India. The Petitioner is aggrieved by the judgment of the trial court dated 24.04.2010 passed on an application filed by the Respondent/wife under Section 24 of the Hindu Marriage Act, wherein the trial court has awarded Rs. 12,000/ -per month as maintenance to the Respondent (wife) and two minor children.

(3.) IT is submitted by counsel for the Petitioner that learned trial court has erred in awarding maintenance of Rs. 12,000/ -for the Respondent and two minor children. Counsel for the Petitioner submits that the learned trial court has failed to take into consideration that the Petitioner is working in a private company and earns Rs. 6,000/ -per month only and he is not in a position to pay this amount to the Respondent. Further, the counsel submits that the trial court has erroneously assessed the income of the Petitioner to be Rs. 20,000/ -to Rs. 25,000/ -, per month. It is next submitted that the Respondent is residing on the first floor of the premises which belong to the Petitioner along with the children and the Petitioner is paying the water and electricity charges for the premises. It is submitted that in view of the fact that the Petitioner is earning a meager sum of Rs. 6,000/ -the order is bad in law and is liable to be set aside.