SURENDRA SINGH Vs. SMT. GEETA @ SHARDA

JUDGEMENT

(1.) In the miscellaneous appeal, an application under Sec. 24 of the Hindu Marriage Act has been filed by respondent wife Smt. Geeta @ Sharda. In the application, it is stated that applicant is not having any independent source of income and she is not only required to maintain herself but she is also maintaining two sons namely, Manoj and Lalit who are studying in Engineering College, therefore, the applicant and her children are entitled for maintenance under Sec. 24 of the Hindu Marriage Act. It is contended that for the aforesaid expenditure near-about INR 15,000.00 per month is required. As per the applicant, appellant husband Surendra Singh, who is Teacher working in government school, is receiving approximately INR 25,000.00 salary, therefore, during trial the learned trial Court allowed maintenance of INR 8,000.00 per month. In these facts and circumstances, therefore, during the pendency of this appeal also, the applicant and both her sons are entitled for maintenance. Therefore, it is prayed that INR 15,000.00 may be ordered to be paid to the applicant under Sec. 24 of the Hindu Marriage Act by the appellant during the pendency of this appeal for maintenance of herself and her two sons.

(2.) Per contra, by way of filing reply to the application, it is submitted by learned counsel for the appellant that wrong statement has been made by the applicant that the trial Court has passed order for interim maintenance as INR 8,000.00 per month during the pendency of the case. In fact, only INR 6,000.00 per month was granted and, that too, for applicant and her two sons and, at that time, both sons were minor and, at present, they are major; and, for the said purpose, along with reply two documents viz., Annex.-A and Annex.-B have been placed on record. Annex.-A is transfer certificate of Lalit Chauhan whose date of birth has been shown as 19.6.1991 and date of date of birth of Manoj Chauhan, elder son of applicant and appellant has been shown as 25.01.1990, therefore, it is submitted that no maintenance can be allowed to the major sons. Further, it is submitted that respondent is also earning INR 3,000.00 because she is working as teacher in a private school. Therefore, there is no question of passing any order upon the application.

(3.) It is true that as per documentary evidence, both the sons are major, but, undeniably they are dependents upon the applicant mother while pursuing higher education in the Engineering Colleges, therefore, this application has been filed by the mother against the father of both the sons with prayer that father is working in the Education Department for last more than 20 years and getting salary of more than INR 25,000.00 because, as per rules, he has already been allowed selection scales after completion of 9 and 18 years of service, therefore, it is duty of the father to maintain the family as a whole.