NARENDRA SINGH Vs. GAGANBALA

JUDGEMENT

(1.) The present miscellaneous appeal is filed for assailing the order dtd. 25/7/2022, passed by the learned Family Court, Hanumangarh (for short, hereinafter referred to as 'the Family Court') in Civil Case No. 27/2021: Gaganbala and Anr. v. Narendra Singh, whereby application filed by respondent No. 1, under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act of 1955') has been allowed and appellant was directed to pay maintenance pendente lite to the tune of Rs.4,000.00 per month to respondent No. 1 and Rs.4,000.00 per month to respondent No. 2, appellant's wife and daughter respectively.

(2.) Learned counsel for the appellant submitted that the Family Court had passed the impugned order dtd. 25/7/2022, in a perfunctory manner, without appreciating the fact that the respondent No. 1 is working as teacher in a Government school and earning more than Rs.50,000.00 per month. Counsel further submitted that Sec. 24 of the Act of 1955 provides that maintenance is to be allowed, either to wife or husband, as the case may be, not having independent income sufficient to support himself/herself. Learned counsel further submitted that the Family Court failed to consider that respondent No. 1 is having independent income sufficient to maintain herself as well as minor daughter. It was thus prayed that the order date 25/7/2022, passed by the Family Court deserves to be quashed and set aside.

(3.) Per contra, learned counsel for the respondents submitted that the appellant is working on the post of Officer Scale-I in Punjab National Bank, Branch-Panchkula, Haryana with a monthly income of around Rs.70,000,.00 therefore order dtd. 25/7/2022 passed by Family Court deserves to be maintained. Learned counsel however, was not in a position to refute the fact that respondent is working as teacher in a Government School.