VISHVAJIT KUMAR Vs. SHAWETA KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent.

(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dated 24.04.2017 passed by the learned Principal Judge, Family Court, Patna in Maintenance Case No. 253(M)/2015 whereby he has allowed the petition of the respondent and granted her interim maintenance of Rs.12,000/- per month (including the amount of Rs.8,000/- already being received by her) and Rs.3,000/- per month to her son and Rs.10,000/- as litigation cost.

(3.) Mr. Sandeep Kumar, learned counsel appearing for the petitioner submitted that the interim maintenance determined by the Family Court is unfair and grossly disproportionate. The said determination has been made without properly appreciating the facts and circumstances of the case and without appreciating that no new ground was available to the respondent for enhancement of maintenance allowance already granted by the High Court. The Family Court also failed to appreciate that the respondent had left her matrimonial house for which the petitioner had to file a petition for restitution of conjugal rights vide Matrimonial Case No. 371 of 2010. It had also failed to appreciate that the petitioner was forced to leave his job as a marine engineer and take a job at a private firm having a meagre salary of Rs.12,000/- per month out of which he has to maintain his parents, unmarried sister and himself also. It has also failed to appreciate that the respondent has suppressed the fact that she is a well educated woman and is also employed as teacher in B.D. Public School, Hajipur where she is earning more than the petitioner.