NEERAJ SINGH Vs. ANKITA SINGH

JUDGEMENT

(1.) This appeal is directed against order dated 23.3.18 passed by the Family Court, Bhilwara, directing the appellant to pay maintenance pendente lite a sum of Rs.10,000/- to the respondent for herself and Rs.5,000/- for her minor daughter. That apart, the appellant has been directed to pay a sum of Rs.21,000/- towards the litigation expenses and further a sum of Rs.500/- for expenses on each date of hearing.

(2.) The facts relevant are that during the pendency of the proceedings between the parties under Section 9 of Hindu Marriage Act, 1955 (for short "the Act"?), the respondent-wife preferred an application under Section 24 of the Act claiming maintenance pendente lite a sum of Rs.20,000/- per month stating that the appellant employed as Teacher in Panchayat Samiti, Bhadesar is drawing monthly salary a sum of Rs.30,000/-. The application was contested by the appellant stating that as a matter of fact he is drawing honorarium of Rs.6,000/- only. In this regard, the respondent placed on record copy of the order dated 20.5.17 issued by the Gram Panchayat, Leswa, Panchayat Samiti, Bhadesar. The Family Court while observing that during the course of argument, it is revealed that elder brother and sister in law of the respondent herein run a school wherein the appellant is member of Management Committee and thus, it would not be appropriate to accept that his monthly income is only Rs.6,000/-and proceeded to entitlement of the appellant for maintenance as aforesaid. Hence, this appeal.

(3.) Learned counsel appearing for the appellant contended that the Family Court has failed to consider the provisions of Section 24 of the Act in correct perspective. It is submitted that the finding recorded by the Family Court regarding the appellant's source of income on the basis of assumption and presumption is ex facie erroneous. Learned counsel submitted that no facts were brought on record regarding the school being run by the respondent's brother and the appellant having any pecuniary interest therein yet, on the basis of whatever stated by the respondent during the course of arguments, the finding recorded by the Family Court is ex facie perverse.