BHUMI JAYKUMAR AMRUTIYA Vs. JAYKUMAR KANTILAL AMRUTIYA

JUDGEMENT

(1.) Challenge in this petition is made by the wife to the order passed by the Family Court, Ahmedabad dated 18.04.2017 below Exh.12 in Family Suit No. 1460 of 2015. By the impugned order, the Family Court has awarded maintenance of Rs. 3,000/- per month, to be paid to the petitioner- wife, by the respondent- husband. The trial Court has not granted any maintenance to the minor son. It is this order, which is challenged by the wife contending that, grant of Rs. 3,000/- per month to the wife is too meager amount and refusal to grant any amount to the minor son, both need to be interfered with by this Court.

(2.) Heard learned advocates.

(3.) Mr. Chetan Pandya, learned advocate for the petitioner - wife has submitted that, the Family Court has rejected the application, principally on the ground that, the husband and wife are living under one roof and all the expenses are borne by the husband. It is submitted that it is not in dispute that, since September 2017, they are not staying together. It is submitted that the trial Court has not taken into consideration the fact that, the husband had walked out before many months, leaving behind the wife and the minor child alone. It is submitted that, the petitioner- wife had placed the salary slip of the respondent - husband on record before the trial Court, which shows the net salary of the respondent husband was Rs. 69,512/- per month. It is submitted that considering the said monthly income, at least an amount of Rs. 20,000/- should have been granted to the petitioner - wife and Rs.10,000/- to the minor child, per month. Reliance is placed on the decision of the Supreme Court of India in the case of Manish Jain vs. Akanksha Jain reported in (2017) 15 SCC 801. It is submitted that this petition be allowed.