ASHOK Vs. BHARTI

JUDGEMENT

(1.) Challenge in the instant appeal filed by the appellant-husband under Sec. 19(1) of the Family Court, 1984 has been made to the order dtd. 20/2/2019 passed by the learned Judge, Family Court, Bharatpur, whereby the learned Family Court while allowing the application filed by the respondent- wife under Sec. 24 of the Hindu Marriage Act, 1955 ('the Act of 1955' for short) awarded Rs.8,000.00 per month as pendente-lite maintenance, Rs.100.00 as expenses for attending the Court for each date and Rs.2500.00 as legal expenses to her.Brief facts of the case are that the respondent-wife filed an application under Sec. 24 of the Hindu Marriage Act, 1955 ('the Act of 1955' for short) in the Family Court, Bharatpur against the appellant-husband mentioning therein that her marriage was solemnized with the appellant-husband on 9/5/2005 in Village Gurira, District Bharatpur as per Hindu Rites. The appellant-husband is working as Sales Manager in A.C.E. Fork Sales and Marketing Company, Pinnacle Tower, Suraj Kund, Faridabad and his annual income is Rs.8.00 lac. In the application the respondent-wife prayed to make payment of Rs.11,000.00 as fee to the Amicus Curiae, Rs.5000.00 expenses towards litigation, Rs.500.00 for attending the court on each date and Rs.30,000.00 per month as maintenance to her. The appellant-husband has filed petition under Sec. 13 of the Act of 1955 against the respondent-wife. Thus, the respondent-wife filed an application under Sec. 24 of the Act of 1955 for pentente-lite maintenance.

(2.) The appellant-husband filed reply to the application wherein he admitted the factum of solemnization of marriage but denied other allegation levelled against him and his family members.

(3.) Learned counsel for the appellant argued that respondent-wife concealed the fact in the application filed by her under Sec. 24 of the Act of 1955 that she is receiving Rs.1500.00per month from 4/6/2011 in the light of order dtd. 8/6/2012 which was increased to Rs.2,000.00 per month vide order dtd. 30/3/2016 passed under Sec. 125 Cr.P.C. No evidence was adduced by the respondent- wife that the appellant -husband was working as Manager on the date of filing the application under Sec. 24 of the Act of 1955. The appellant-husband submittedspecific reply wherein he stated that he is unemployed but the learned Family Court erred in misinterpreting the reply and awarded Rs.8,000.00 per month as pendente-lite maintenance from the date of submission of the application i.e. 5/7/2018. The order passed by the learned Family Court, Bharatpur is a non-speaking one as no reasons have been assigned for awarding Rs.8,000.00 per month pendente-lite maintenance.