SANJAY KUMAR Vs. SHALINI KUMARI

JUDGEMENT

(1.) The present appeal is directed against the order dtd. 21/7/2023 passed in Miscellaneous Case No. 06 of 2015 whereby the learned Additional Principal Judge, Family Court, Patna has enhanced the alimony amount from Rs.5,000.00 to Rs.18,000.00 from the date of institution of the case in favour of the respondent-wife.

(2.) Briefly stated the facts of the miscellaneous case is that appellant and respondent were granted divorce on mutual consent under Sec. 13B of the Hindu Marriage Act vide order dtd. 4/8/2004 in Matrimonial Case No. 18 of 1998 and after passing the decree of divorce on mutual consent, on the basis of evidence, salary and property of the appellant, sum of Rs.5,000.00 was allowed in favour of the respondent and her son on 19/9/2008. It is claimed that appellant is earning salary of Rs.60,000.00 per month and amount of Rs.5,000.00 is meagre amount as per status of the appellant and respondent prayed that said amount of Rs.5,000.00 may be enhanced up to Rs.35,000.00 per month and also Rs.25,000.00 as a litigation cost against the appellant on 21/2/2015.

(3.) Learned counsel for the appellant submitted that enhanced amount of Rs.18,000.00 per month from the date of institution of the case in favour of the respondent is quite contrary to law as the appellant has several responsibility and liability to bear and his present salary as well as his salary at the relevant time i.e. in the year 2015 is not sufficient to pay the enhanced amount of Rs.18,000.00 per month in favour of the respondent. Hence, the present miscellaneous appeal. Learned counsel for the appellant further submitted that Additional Principal Judge, Family Court has failed to consider this fact that in the year 2015 appellant was earning salary for about Rs.50,000.00 per month, despite that the concerned Family Court enhanced the alimony amount on the basis of hypothetical current salary as on 2015 because the appellant was earning salary of Rs.74,305.00 in the month of March, 2023 and the concerned Family Court has passed the order enhancing the alimony amount from Rs.5,000.00 to Rs.18,000.00 per month since the date of filing of matrimonial case i.e. from the year 2015. In that context, the order passed by the concerned Family Court is bereft of merit. It has further submitted that after decree of divorce on mutual consent on 4/8/2004, the appellant solemnized second marriage with Sangam Sneha in the year 2006 and out of the said wedlock, there are three children, beside old aged widow mother of the appellant. Learned counsel for the appellant further submitted that respondent is woman of means. The learned Family Court failed to consider that house was purchased and constructed by mother of the appellant and appellant having two sisters and one brother can never claim the said house as per Hindu Laws. He further submitted that appellant was appointed in the service on the basis of compassionate ground and as per provision of said compassionate ground, the appellant was liable to maintain his family as a 'karta' of the family, so the appellant is duty bound to maintain all the liabilities. In this way, the concerned court has taken frivolous and hypothetical consideration while disposing of the miscellaneous case and enhanced the amount of permanent alimony from Rs.5,000.00 to Rs.18,000.00 without any basis as the concerned court hypothetically assessed the salary of the appellant is about one lakh per month. Learned counsel further submitted that in the light of given facts and circumstances, the impugned order passed by the Additional Principal Judge, Family Court is against the law and same is fit to be set aside.