RAMESH CHANDER SHARMA Vs. SAROJ SHARMA

JUDGEMENT

(1.) This is a revision petition against an order of grant of interim maintenance for the daughters of the petitioner, who have filed asuit along with their mother under the Hindu Adoption and Maintenance Act, By means of interim application, the wife of the petitioner, who was plaintifi No. I as well as the daughters, plaintiffs No. 2 and 3, prayed for an interim order of maintenance and on consideration of the entire material on record and keeping in consideration that the wife was also an earning hand, no interim maintenance was ordered for her but so far as the two daughters are concerned, who age at that time was given to be II and 15 years respectively, it was ordered that the petitioner pay a sum of Rs. 300.00 for each child from the date of the institution of the suit till its disposal.

(2.) This amount of Rs. 300.00 per child was fixed obviously in view of the fact that the mother was also earning and it was the joint responsibility of both the parents to maintain the children. Otherwise, this amount of Rs. 300.00 for each child of that age would be highly inadequate because of present cost of living. It is in recognition of this fact the petitioner does not challenge the quantum of maintenance. His only plea is that before this order was made, he was spending on the major heads of school fee, books etc.

(3.) There is no material placed by the petitioner on the record that from the date when the suit was filed and upto the date this order is effective he has paid school fee or incurred any other expenses on a major head. his only plea is that he should not be ordered to pay this amount direct to respondent wife but deposit the same in some bank in the account of the minors. In view of the admitted position that the girls are studying in school and are now of the age of approximately 16 and 12 years, ajudicial notice can be taken that the mother has to supplement the expenditure on the girls to a great extent, even if sum of Rs-300.00 per child is taken into account, which the petitioner is required to pay under the impugned order.