VIHANG SALGAT Vs. NIDHI BULE

JUDGEMENT

(1.) Heard finally with consent.

(2.) This writ petition under Article 227 of the Constitution is at the instance of the applicant husband challenging the order of the Family Court dated 20/12/2013 whereby the Family Court while allowing the respondent's application u/S.24 of the Hindu Marriage Act has awarded the interim maintenance and the litigation expenses. In a suit for divorce filed u/S.33 of the Hindu Marriage Act, the application for interim maintenance u/S.24 of the Act was filed by the respondent wife and the Family Court has allowed the said application by order dated 20/12/2013 and directed the petitioner to pay a sum of Rs.5,000/ - per month as interim maintenance to the respondent till the disposal of the suit and further directed payment of lumpsum litigation expenses of Rs.5,000/ - in two instalments. Learned counsel for petitioner submits that the respondent is the National level athlete and is employed as Junior T.C in the Railways having independent source of sufficient income, therefore, the Family Court has committed an error in awarding the interim maintenance without considering the income of the respondent. Learned counsel for respondent submits that the Family Court has awarded the interim compensation considering the relative financial position of both the parties and keeping in view the income of the petitioner.

(3.) Having heard the learned counsel for parties and on the perusal of the record, it is noticed that the Family Court while passing the impugned order has not taken note of the material which was produced by both the parties in respect of the income of the respective parties. The Family Court has only mentioned that the interim maintenance is being awarded keeping in view the standard of living, family circumstances and the income of the parties without even mentioning about their relative standard of living and family circumstances and the respective income and relevant financial position of both the parties.