GOPAL KISHAN Vs. KANCHAN

JUDGEMENT

(1.) IN a petition for restitution of conjugal rights filed by petitioner, the respondent had filed an application under Section 24 of The Hindu Marriage Act, 1955 to seek interim maintenance and vide impugned order of 21st January, 2014, interim maintenance of Rs. 7,000/ - per month each to the two children of the parties, aged seven years and three years respectively, has been granted, which is under challenge in this petition.

(2.) IT is evident from trial court's order of 16th September, 2013 that while arguments on application under Section 24 of The Hindu Marriage Act,1955 were being addressed, petitioner -husband had withdrawn his petition for restitution of conjugal rights, which was opposed by the respondent but petitioner was permitted to withdraw the petition under Section 9 of The Hindu Marriage Act, 1955 while making it clear that arguments on application under Section 24 of The Hindu Marriage Act,1955 would continue.

(3.) ALONG with this petition, petitioner has filed an application to place on record additional documents i.e. his salary record and it is submitted that net salary of petitioner is Rs. 5,121/ - only and interim maintenance granted vide impugned order is much more than it. It was vehemently submitted by learned counsel for petitioner that petitioner is having no rental income and so, interim maintenance awarded vide impugned order deserves to be suitably reduced, as petitioner is hardly literate and is a semi -skilled worker, who is not earning more than his salary as reflected in the salary record.