SANDEEP AGARWAL Vs. PRIYANKA AGARWAL

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 20.12.2016 passed by the Family Court, by which on an application filed by the (wife)/respondent herein under Section 24 of the Hindu Marriage Act, maintenance has been fixed in the following manner:

(2.) Learned counsel for the appellant submits that the learned Family Court has lost track of the fact that even as per the respondent in terms of the statement of Income Part-IV, which has been placed on record, her household expenditure is approximately Rs.15,000/- to Rs.20,000/- per month for groceries/food/personal care/clothing. It is further submitted that the respondent has factored in medication at Rs.2,000/- per month and litigation and legal expenses @ Rs.2,000/- per month approximately. Learned counsel submits that no supporting documents have been filed with regard to the expenditure of medication, neither any document has been filed to show that the litigation and legal expenses were @ Rs.2,000/- per month. Additionally, counsel for the appellant submits that the income of the appellant is fluctuating in nature which is evident upon the salary slips which have been placed on record.

(3.) Learned counsel for the respondent has opposed the present appeal. It is contended that there is no infirmity or illegality in the order passed by the Family Court. It is submitted that the salary slips would show that though the salary of the appellant is fluctuating, but the interim maintenance fixed is proportionate to the income of the appellant. He further submits that no documents are required in support of the plea raised with regard to the medication, litigation and legal expenditure as the amounts so referred are on the lower side keeping in view the cost of litigation expenses as of today.