S T Vs. M K D

JUDGEMENT

(1.) Challenge in the present appeal is to the interim order dated 18.11.2016 passed by the Family Court on an application filed by the respondent/wife under Section 24 of the Hindu Marriage Act (hereinafter referred to as 'HMA') whereby maintenance of Rs.30,000/- per month has been awarded for the school going minor child alongwith the litigation expenses of Rs. 11,000/- to the respondent-wife.

(2.) The brief facts of the case to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 03.12.2003 at Sambalpur, Odisha as per Hindu rites and ceremonies. One son was born on 25.05.2006 out of the said wedlock. As per the appellant-husband, the respondent-wife has deserted him on 23.03.2008. However, the respondent-wife claims that she has been deserted by the appellant-husband in April, 2008 and thereafter she is living in a rented accommodation with her minor son. The petition seeking divorce under Section 13 (1) (ia) & (ib) of HMA was filed by the respondent-wife on 24.07.2014, which is pending.

(3.) Mr. Ankul Chandra Pradhan, learned senior counsel appearing on behalf of the appellant-husband submits that the impugned order passed by the Family Court is a non-speaking order and there is no basis on which the Family Court has granted maintenance of Rs. 30,000/- per month to the child without taking into account the expenses incurred by the appellant-husband for the future exigencies and welfare of the minor son.