DHARAMVEER YADAV Vs. RAJRANI

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against the order dated 20.09.2003, passed by Family Court, Dehradun, in Misc. Case No. 12 of 2003, whereby said court has allowed the application moved under Section 25 of Hindu Marriage Act, 1955, by the respondents for maintenance and directed the appellant to pay Rs. 8,000/ - p.m. to respondent No. 1 and Rs. 5,000/ - p.m. to respondent No. 2 (in all Rs. 13,000/ - p.m.).

(2.) HEARD learned counsel for the parties and perused the papers on record.

(3.) BRIEF facts giving rise to this appeal are that appellant Dharamveer Yadav got married to respondent No. 1 Rajrani on 22.02.1992. Out of said wedlock their son Master Arjun alias Shivam was born. The respondent No. 1 Rajrani filed a suit for divorce, which was decreed on 05.05.2001. Thereafter, it appears that she filed an application under Section 125 of Cr.P.C. and was getting R. 1,000/ - p.m., as maintenance. She moved another application after divorce under Section 25 of Hindu Marriage Act, 1955, for maintenance amounting Rs. 13,000/ - p.m. for herself and her son. It is alleged in the application moved by respondents No. 1 & 2 that appellants salary is Rs. 8,500/ - p.m. It is also alleged that he has agricultural income and earning from selling milk. It appears that the appellant did not contest the petition and the application under Section 25 of Hindu Marriage Act, 1955, for alimony, was heard ex parte. The trial court accepted the prayer of the respondents and directed the appellant to pay Rs. 13,000/ - p.m., as maintenance to the respondents. Aggrieved by said order dated 20.09.2003, passed by Judge, Family Court, Dehradun, in Misc. Case No. 12 of 2003, this appeal is filed by the divorced husband.