JOHN PRAKASH KUJUR Vs. REKHA LAKRA

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India wherein order dated 27.04.2017 passed in Matrimonial Suit No.43 of 2016 by which while entertaining the petition filed under Section 36 of the Indian Divorce Act, 1869, the order has been passed upon the petitioner to pay Rs.7,000/- per month to the wife (respondent herein) from the Month of June, 2016 but the amount calculated from June, 2016 to April, 2017 will be provided to the petitioner in 10 equal installment and after the Month of April, 2017 the petitioner will pay the maintenance in a current manner Rs.7,000/- per month to be paid by 10th of the subsequent Month.

(2.) The ground of challenge has been taken by the petitioner is that the said amount is in higher side and further the petitioner is having children with the lady to whom he is in live-in-relationship.

(3.) While on the other hand, learned counsel for the respondent-wife has submitted that the amount is not in higher side rather the amount will be said to be in lower side because the petitioner is a teacher in a Government school and now and on the date when the order was passed by the trial Court, was working as in-charge in the capacity of head-master having salary of about Rs.50,000/- per month and also income of Rs.1,00,000/- from agriculture per year.