ROHIT KUMAR ALIAS PINTU Vs. SADHNA DEVI

JUDGEMENT

(1.) This appeal has been preferred by the appellant husband against the order of the learned Family Court, Sikar passed on 4.5.2019. By this order, the learned Family Court decided the Matrimonial Civil Suit No.147/2017 filed u/s 18 and 21 of the Hindu Adoptions and Maintenance Act , 1956 (for short "the Act") with the directions to the appellant to pay Rs.6,000/- per month maintenance to the respondent No.1 and Rs.3,000/- per month to the respondent No.2, who is minor son represented through his natural guardian mother w.e.f. March, 2017 for which respondent No.1 is entitled to receive the maintenance on behalf of respondent No.2. It was directed that the outstanding amount of maintenance w.e.f. March, 2017 to April, 2019 would be paid in four equal installments within two years. The maintenance amount with effect from May, 2019 would be paid on every 5 th of the month to the respondent No.1 or the amount would be deposited in bank on her furnishing the bank account number to the appellant. It was further directed to the appellant to pay the maintenance amount to the respondent No.1 till divorce and if the respondent No.1 divorced, then to remarry. The maintenance amount for respondent No.2 would continue till he gets majority. In case, the respondent wife is getting any maintenance by other order/s, that shall be adjusted from this amount.

(2.) Brief facts giving rise to this appeal are that the marriage between the parties was solemnized on 11.5.2011 according to the Hindu rites and customs at village Shishyu, Dantaramgarh. Right from the very beginning, the behaviour of mother-in-law was not good. Her in-laws demanded for sufficient dowry but she always tolerated. From the wedlock of their marriage, one male child namely Sumit was born on 30.11.2014. Respondent No.1 gave a birth to the second child in her parent's home on 20.11.2016. Respondent wife lodged FIR No.223/2016 at Police Station Ranauli against the appellant and her mother-in -law for offence u/s 498A, 406 and 323 IPC .

(3.) Learned counsel for the appellant submitted that the impugned order dated 4.5.2019 is illegal, arbitrary and against the material available on record. Learned counsel submitted that the respondent wife left the matrimonial home on 14.9.2016 without information to the appellant. He submitted that the respondent wife does not want to reside with the appellant. The appellant is earning only Rs.7,000/- per month from the shop. Learned counsel for the appellant at this stage submitted that the appellant cannot pay a sum of Rs.19,000/- per month as apart from an amount of Rs.9,000/- per month (Rs.6,000/- for wife and Rs. 3,000/- for the child), a sum of Rs.10,000/- per month has been ordered to be paid towards the arrears of maintenance from the date of filing of the application. So, the maintenance awarded by the learned Family Court be set aside.