HARENDRA KUMAR Vs. VIJAY LAXMI

JUDGEMENT

(1.) This appeal is directed against order dated 30.4.19 passed by the Family Court No.1, Jodhpur, in Civil Original Case No.730/17, whereby an application preferred by the respondent u/s 24 and 26 of the Hindu Marriage Act, 1955( in short "the Act of 1955 ") has been allowed and the appellant has been directed to pay a sum of Rs.10,000/- per month as maintenance pendente lite to the respondent-wife and Rs.5,000/- each for her three children i.e. two daughters and a son and further to pay a sum of Rs.5000/- in lump sum as litigation expenses.

(2.) Learned counsel for the appellant submitted that the respondent has independent income sufficient for her support and necessary expenses of the proceeding yet the Family Court without there being any documentary evidence regarding income of the appellant, has passed the order directing appellant to pay the maintenance to the respondent to the tune of Rs.25,000/- per month. Learned counsel submitted that the respondent filed an application under Section 12 of Protection of Women from Domestic Violence Act,2005 (for short "the Act 2005 ") of before the Metropolitan Magistrate No.5, Jodhpur Metropolitan and the learned Magistrate directed payment of maintenance of Rs.5,000/- per month, which was enhanced to Rs.15,000/- per month by the Sessions Judge, Jodhpur Metropolitan, however, on a miscellaneous petition being filed, this court while disposing of the petition directed the trial court to decide the application under Section 12 of the Act of 2005 and the appellant has been directed to pay the maintenance Rs.5,000/- per month as directed by the trial court and thus, the maintenance to the tune of Rs.25,000/- awarded by the Family Court is highly excessive and deserves to be set aside.

(3.) Indisputably, the purpose behind Section 24 of the Act is to provide necessary financial assistance to the party to the matrimonial dispute who has no sufficient means to maintain himself/herself or to bear the expenses of the proceedings. While considering the application for award of interim maintenance, the relevant consideration is the inability of the spouse to maintain himself or herself for want of independent income or inadequacy of the income to maintain at the level of social status of other spouse.