SMT. SONIA GODHWANI Vs. HITESH GODHWANI

JUDGEMENT

(1.) By this appeal, a challenge is made to the order dated 8.2018 where application under Section 24 of Hindu Marriage Act, 1955 (in short the 'Act of 1955') was allowed but instead of granting interim maintenance of Rs. 50,000/- per month, a sum of Rs. 10,000/- has been allowed. It is said to be in ignorance of the income of the non-appellant of Rs. 12 lacs per annum. An application for condonation of delay of 53 days has also been filed after giving reasons for the delay.

(2.) Learned counsel for the appellant submits that the income tax return of the non-appellant was produced to show his income to be Rs. 12 lacs per annum. Ignoring the aforesaid, only a sum of Rs. 10,000/- per month towards interim maintenance has been awarded, which needs to be enhanced to Rs. 50,000/-.

(3.) Learned counsel for the non-appellant has contested the appeal and submitted that the appellant is highly qualified. She is in possession of qualification of B.Tech. She can very well take an appropriate job to earn sufficient amount. She had in fact taken assignment for some time but left it in between. Taking into consideration the aforesaid, the learned Family Court has taken a balanced view to award a sum of Rs. 10,000/- per month as interim maintenance. It is more so when the non-appellant is maintaining his parents while residing at Delhi. In view of the above, the appeal for challenge to the order dated 8.1.2018 may be dismissed. A reference to the judgments of other High Courts in the cases of Smt. Mamta Jaiswal Vs. Rajesh Jaiswal, (2001) 1 RCR(Civ) 588, Rupali Gupta Vs. Rajat Gupta, (2016) 4 RCR(Civ) 340 and Nisha Jain Vs. Amit Jain : Mat. Appl. (F.C.) 106/2015 decided on 24.8.2016 has been given to support the arguments. We have considered the rival submissions of the learned counsel for the parties and perused the record.