RAJESH SHARMA Vs. VIPUL DIVYA AND ANR.

JUDGEMENT

(1.) The appellant is represented by Mr. B.M. Tripathi, Sr. Advocate and the respondents are represented by Mr. V. Shivnath, Sr. Advocate. This First Appeal is preferred against the judgment dated 21.09.2006 passed in Maintenance Case No. 04 of 2005 whereby the appellanthusband had been directed to pay Rs. 5,000.00 per month to respondent No. 1Wife and Rs. 3,000.00 per month to respondent No. 2Daughter as maintenance.

(2.) The marriage of the appellant and respondent No.1 was solemnized on 16.02.1997 according to Hindu rites and customs. Respondent No.2daughter namely Keha Rashmi was born out of their wedlock. A number of criminal as well as civil cases were filed by both of them and the relationship between the appellant and respondent No.2 got strained. The appellant had also filed a divorce case being T.(D).S. No. 374 of 2007 under Sec. 13(i)(b) of the Hindu Marriage Act, which is pending in the Family Court of Dhanbad. The respondent No.1 had filed a maintenance case being Maintenance Case No. 04 of 2005 under Sec. 18(1)(2)(b) of the Hindu Adoption and Maintenance Act, 1956 for payment of maintenance of Rs. 16,000.00 per month. The same was heard and on the basis of the evidence adduced by the parties, the Court below partly decreed the suit directing the appellant to pay the maintenance amount of Rs. 8,000.00 per month to respondent No. 1wife namely Vipul Divya and respondent No.2daughter namely Keha Rashmi at the rate of Rs. 5,000.00 and Rs. 3,000.00 per month respectively.

(3.) Being aggrieved by the award of maintenance of Rs. 5,000.00 per month to respondent No. 1Wife and Rs. 3,000.00 per month to respondent No. 2Daughter, the appellant has filed this appeal.