VIKRAM SINGH Vs. SARIKA RAJAWAT

JUDGEMENT

(1.) The present appeal has been preferred against the order dated 4.2.2019 passed by learned Family Court No.2, Jaipur in Matrimonial Application No.74/2018 whereby the application filed by the respondent wife u/s 24 of the Hindu Marriage Act, 1955 (for short "the Act") was allowed.

(2.) Brief facts of the present appeal are that the respondent wife filed a divorce petition u/s 13 of the Act before the learned Family Court No.2, Jaipur on the ground of cruelty and desertion. During pendency of the divorce petition, respondent wife filed an application u/s 24 of the Act seeking maintenance till final decision of the divorce petition praying to award Rs.20,000/- per month to maintain herself, Rs.10,000/- per month for education of her minor daughter - Chitrangana, Rs.21,000/- for legal expenses, Rs.3,000/- for miscellaneous expenses and Rs. 500/- for per hearing of the case. Learned Family Court allowed the application vide order dated 4.2.2019 directing the respondent wife to pay Rs.10,000/- per month to maintain herself and her minor daughter and Rs.10,000/- per month as an interim relief per month till decision of the divorce petition with effect from February, 2019. Against this order, the appellant husband has filed this appeal.

(3.) Learned counsel for the appellant submits the impugned order passed by the learned Family Court is not legally sustainable and contrary to the provisions of law and material available on record. Learned counsel submits that the respondent wife is well qualified/educated. She is M.Sc. (Mathematics) and B.Ed. holding professional decree. Prior to marriage she is doing job in various institutions. Learned counsel submits that section 24 of the Act has been enacted for the purpose for providing a monetary assistance to such spouse who is incapable of maintaining herself in spite of sincere efforts. In the present case in hand, the respondent wife is having good qualification and law does not permit her to sit idle and get maintenance from her husband. Learned counsel submits that the appellant is neither running any coaching nor doing property or share market work. The appellant is working on contract basis in Impressions Services (P) Ltd. through Mahatma Gandhi University of Medical Science and Technology, Jaipur where he is getting Rs.10,831/-. Per month. The appellant cannot be compelled to give maintenance to respondent wife as Rs.10,000/- per moth. Learned counsel for the appellant placed reliance on Smt. Mamta Jaiswal v.s Rajesh Jaiswal, 2000(4) MPHT 457.