UMESH SHRIVASTAVA Vs. MASTER MOHIT SHRIVASTAVA

JUDGEMENT

(1.) THIS revision under Section 115 of CPC is directed against the order dated 28-3-2001 passed by 4th ADJ, Bhopal in M. J. C. No. 22/99 whereby the application under Section 20 of the Hindu Adoptions and Maintenance Act filed by the respondents has been allowed.

(2.) ADMITTEDLY, respondents Mohit and Nilesh aged about 12 and 10 years respectively are sons of petitioner Umesh Shrivastava. Petitioner filed a suit for dissolution of marriage against wife Smt. Mamta Shrivastava mother of respondents. Since the respondents are living with mother Smt. Mamta and the petitioner failed to maintain them, an application under Section 20 of the Hindu Adoptions and Maintenance Act has been filed claiming maintenance at the rate of Rs. 1500/- per month to each of the respondent. The application aforesaid has been resisted by the petitioner stating inter alia that the respondents' mother Smt. Mamta Shrivastava herself is suitably employed, and from earning is able to maintain the respondents. The court below in MJC No. 22/99 vide impugned order held that the monthly income of the petitioner is approximately Rs. 7,000/- and that of Smt. Mamta Shrivastava Rs. 5,015/- only. The huge amount is required to be spent on respondents towards their education. Accordingly, the Court below directed the petitioner to pay maintenance to each of the respondents at the rate of Rs. 1,500/- per month. Being aggrieved, the present petition under Section 115 of CPC has been preferred on the ground that the Court below ought to have held that the mother of the respondents is earning approximately Rs. 10,000/- per month and is also getting Rs. 1,000/- per month from the petitioner towards interim maintenance under Section 24 of Hindu Marriage Act. The petitioner, from his income is unable to provide maintenance to the respondents.

(3.) ADMITTEDLY respondents Mohit and Nilesh aged about 12 and 10 years respectively are minor sons of petitioner. They are living with their mother Mamta Shrivastava who has been deserted by the petitioner. The Court below considering the evidence on record arrived at a conclusion that monthly income of the petitioner is Rs. 7,000/- and that of mother of respondents comes to Rs. 5,015/- only. The respondents are school going children and lot of amount is required to be paid towards tuition fees and other incidental expenses. The receipts (Ex. P-1 to P-56) were produced to demonstrate that the respondents are properly looked after by their mother in respect of their education. A lot of amount is required to be spent towards the education. The mother of the respondents is getting only Rs. 5,015/- per month has been proved by filing the salary certificate (Ex. P-57 ). The petitioner himself is in the regular employment of the State of M. P. However, he has not filed any certificate showing the exact amount paid to him towards salary and other allowances. On the basis of statement of Umesh Shrivastava (D. W. 1) the Court below has held that his monthly income is not less than Rs. 7,000/- per month besides the usual allowances payable to a regular employee of State Government. In the circumstances, the Court below allowing the application directed the petitioner to pay each of the respondents Rs. 1,500/per month towards the maintenance.