RAGHAV Vs. ROHIT BATRA

JUDGEMENT

(1.) THE petitioner is aggrieved by an Order of the Trial Court dated 04. 05. 2007 fixing interim maintenance during the pendency of the petition under section 20 of Hindu Adoption and Maintenance Act at Rs. 5000/- per month.

(2.) IN the suit, maintenance has been claimed on behalf of the petitioner master Raghav through his mother as legal guardian. Master Raghav was born on 21. 09. 2001. It is stated in the maintenance application that he was studying in u. K. G in a reputed Public School and his monthly education, schooling and allied expenses were Rs. 8,000/-, around Rs. 4,000/- was being incurred on his nourishing diet and other eatables and Rs. 2,000/- p. m on clothing and shoes, and Rs. 2,500/-were required to provide for proper residence for him.

(3.) THE Trial Court while fixing interim maintenance took into account the fact that the father and mother of Master Raghav, both were earning. The net income of father/respondent was Rs. 33,000/- p. m and the net income of mother was rs. 23,630/ -. Both the parents being earning hands were liable to maintain the minor. He, therefore, fixed Rs. 5,000/- p. m. to be paid by father as the maintenance for the child, during the pendency of the suit.