RAMJI LAL SAINI Vs. MADHU SAINI

JUDGEMENT

(1.) This appeal has been preferred against Order dated 25.02.2021 passed by the Family Court No.2, Jaipur in Misc. Application No.67/2019 filed under Section 24 of the Hindu Marriage Act whereby, the appellant has been directed to pay to the respondent-wife Rs. 3,000/- per month as maintenance allowance till disposal of the petition, Rs.2100/- for legal expenses and Rs.100/- on each date to attend the Court.

(2.) Learned counsel for the appellant has submitted that learned Family Court has erred in granting the relief which was not prayed for by the appellant. He has further submitted that being respondent in the main petition, she was not entitled to claim maintenance under Section 24 of the Hindu Marriage Act but in violation of all legal principles the impugned order has been passed, which deserves to be quashed and set aside.

(3.) Having heard learned counsel for the appellant, we find that the appellant herein has filed divorce petition against his wife who is living separately with her mother. The respondent herein filed an application under Section 24 of Hindu Marriage Act with the prayer to grant a lump-sum amount of Rs.75,000/- but on consideration of the financial condition of both the parties and other relevant aspects, learned Family Court instead of granting a lump-sum amount of Rs.75,000/- ordered to pay interim maintenance as indicated above. Obviously the maintenance allowance so awarded by the Family Court is to be considered in the other proceedings, which may be filed by the respondent-wife for maintenance. Thus, it cannot be said that the relief has been granted without any prayer or the impugned order has been passed without authority or jurisdiction. Therefore, we find no reason to interfere in the impugned order, the appeal is dismissed.