SMT. UMA @ KAUSHLYA Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) The instant misc. appeal came to be preferred by the appellant against the judgment and decree of divorce passed by the Family Court dated 17th March, 2009 and that has been admitted for hearing on 14th May, 2009 and thereafter the matter was sent for mediation but no amicable solution of the matrimonial dispute could arrived at. Pending appeal, a misc. application under Section 24 of the Hindu Marriage Act came to be filed by the appellant on 30th October, 2013 for interim maintenance.

(2.) The material which has come on record and can be noticed from the judgment and decree impugned indicates that the marriage between appellant and respondent was solemnised on 29th May, 1996 and a girl child was born on 12th June, 1997 named Tina who is at present 17 years of age and a student of Class IX studying in a aided Senior Secondary School, Adarsh Vidhya Mandir, Jai Jawan Colony, Jaipur.

(3.) It has also come on record that initially application was filed by the appellant for maintenance under Section 125 Cr.P.C. for herself and for her daughter, which came to be decided vide order dated 16th March, 2002 granting maintenance of Rs. 800/- to her and Rs. 500/- to her daughter. However, further application came to be filed by the appellant for enhancement of interim maintenance under Section 127 Cr.P.C. and that came to be decided on 30th January, 2010 and a total sum of Rs. 3700/- was allowed in her favour ( Rs. 2200/- to her and Rs. 1500/- for her daughter) and thereafter she moved the present application under Section 24 Hindu Marriage Act seeking interim maintenance pending appeal on 30th October, 2013. Along with the application further additional affidavit has been filed by the appellant in support thereof and it has been deposed that the house which she has taken on rent of Rs. 4000/- per month along with necessary expenses like grossery, milk, school fees, tuition fees etc. required for subsistence/maintenance for herself and for daughter it almost comes to Rs. 20,000/- per month and annual expenditure for both comes to Rs. 2 Lac. At the same time, it has also been deposed that her husband is self employed and running his own business and is earning Rs. 40,000/- approximately per month. He is having his own four wheeler bearing No.RJ 14 CD 1034 purchased in 2010 and having additional source of income.