KALURAM Vs. GUDDI @ SAROJ

JUDGEMENT

(1.) This appeal is directed against order dated 22.11.18 passed by the Family Court No.1, Jodhpur, in Civil Misc. Application No.622/17, whereby an application preferred by the respondent u/s 24 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.5000/- per month as the maintenance pendente lite to the respondent and further to pay a sum of Rs.5000/- in lump sum as litigation and travelling expenses.

(2.) Learned counsel for the appellant submitted that without ascertaining the correct factual position regarding the source of income of the respondent, the Family Court has seriously erred in awarding interim maintenance a sum of Rs.5,000/- per month to the respondent, stating that the appellant-husband has the responsibility to maintain the respondent-wife. Learned counsel submitted that the respondent deliberately left the matrimonial home without any justifiable reason and therefore, she is not entitled for any maintenance. Learned counsel submitted that the appellant is a poor agriculturist and without there being any cogent evidence regarding his source of income, the amount of maintenance awarded is in much higher side. Learned counsel submitted that order passed by the Family Court is ex facie non speaking order.

(3.) Indisputably, the purpose behind Section 24 of the Act of 1955 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.