GHANSHYAM JANGID Vs. SHUSHMA ROYAL

JUDGEMENT

(1.) This appeal is filed by the appellant assailing the legality of the order dated 9.8.18 passed by the Family Court No. 2, Jodhpur Metropolitan in Civil Case No. 21/17 (13/15), whereby an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (for short "the Act of 1955") has been allowed. The appellant has been directed to pay maintenance pendente lite to the respondent a sum of Rs. 10,000/- per month and Rs. 200/- per month as expenses for attending each date of hearing.

(2.) The appellant filed a petition against the respondent seeking divorce under the provisions of Section 13 of the Act of 1955. During the pendency of the petition, the respondent filed an application under Section 24 of the Act of 1955, claiming maintenance pendente lite from the appellant a sum of Rs. 50,000/- per month. The respondent averred in the application that she has no source of income, whereas the appellant is employed as doctor in All India Institute of Medical Sciences and earning a sum of Rs. 1 lac per month as salary. That apart, the appellant owns a factory on the Jodhpur-Pali Highway and earning a sum of Rs. 75,000/- per month as rent and has income of sum of Rs. 5 lacs per annum from the agriculture land measuring 150 bighas situated in villages Manveda and Jakhad. It was further averred that the appellant has invested money in share market and earning Rs. 2 lacs per month.

(3.) The appellant contested the application by filing a reply thereto. The factum of the appellant being employed in AIIMS as doctor was not denied, however, it was denied that he was earning a sum of Rs. 1 lac per month. It is averred that after compulsory deduction, he was drawing only a sum of Rs. 45,000/- per month as salary, but now, his contract with AIIMS has come to an end. The appellant averred that he has established his own clinic and earning a meagre amount.