APARNA Vs. P. DURGA PRASAD

JUDGEMENT

(1.) THE petitioner/defendant/wife has filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 14.9.2010, (Ann. P -1) passed by Additional Principal Judge, Family Court, Jabalpur in Case No. 512 -A/2011, whereby her application filed under Section 24 of the Hindu Marriage Act, in short "The Act", was allowed only in part and respondent was directed to pay Rs.8000/ - per month as interim alimony for herself and minor daughter till disposal of the case, on which the petitioner has come for further enhancement in such alimony.

(2.) THE petitioner's counsel after taking me through the papers placed on record alongwith the impugned order said that it is undisputed fact that the respondent's salary is of Rs.52,885.68p. per month, out of which after necessary deduction, he is getting in hand Rs.34,660/ -. In continuation, he said that the petitioner did not have any source of income and also not involved in any service or the profession and besides herself, she is also looking after and maintaining two minor daughters, who are studying in the school and looking to the current price index of the market nowadays and the expenses of the education of said daughters, Rs.8000/ - per month is very meagre amount. The same requires to be enhanced upto minimum Rs.15,000/ - per month. In support of such contention, he also argued that the petitioner as well as her daughters are entitled to move their lives according to the status of the respondent. He also said that on taking into consideration the facts stated by the respondent that he has liability to look after her old parents also even then in view of aforesaid, sum of Rs.34,660/ - which actually the respondent is receiving from his service, he may and is bound to pay Rs.15,000/ - per month for the petitioner and aforesaid two daughters.

(3.) HE also argued that the trial court has committed error in awarding such monthly sum from the date of passing the impugned order while the same ought to have been awarded from the date of filing the present petition by the respondent and prayed for modification of impugned order by enhancing the monthly sum of alimony awarded by the trial court by admitting and allowing this petition.