The appellate court dismissed the first appeal filed by a husband challenging Rs. 15,000 monthly interim maintenance awarded to his wife. The court held the appellant's submissions were unsubstantiated and devoid of merit.
No increase or revision in interim maintenance; appeal dismissed.
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Court No. - 34
Case :- FIRST APPEAL No. - 224 of 2020
Appellant :- Gaurav Tyagi Respondent :- Smt. Parul Tyagi Counsel for Appellant :- Aklank Kumar Jain Counsel for Respondent :- Virendra Singh Tomar
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Heard Sri Aklank Kumar Jain learned counsel for the appellant and perused the record.
The present appeal has been filed against an order passed under Section 24 Hindu Marriage Act awarding interim maintenance to the tune of Rs.15,000/- to the respondent-wife. The divorce suit has been filed by the appellant in the year 2018 and the application under Section 24 of Hindu Marriage remained pending for a period of more than one year when it was disposed of on 10.2.2020.
In the entire record of appeal, the appellant has not filed details with regard to his current employment. He is a software engineer and had been working in a private company on the date of filing of the application under Section 24 of Hindu Marriage Act.
The oral submission of learned counsel for the appellant that the appellant is unemployed as he had to leave his job in the private company is not supported by any material on record.
Submission based on the supplementary affidavit that the opposite party is working with CFD Flow Engineering as an Associate Editor is based on some information downloaded from the internet.
For the aforesaid, no substance is found in the submission of learned counsel for the appellant to challenge the interim maintenance awarded by the trial court. The order dated 10.2.2020 cannot be said to suffer from any error of law.
The appeal is devoid of merit and hence dismissed.
Order Date :- 9.11.2020 Harshita
2 issues framed by the court
Whether the trial court committed an error of law in awarding interim maintenance to the respondent-wife.
Whether the appellant failed to substantiate his claim of unemployment or reduced income to challenge the maintenance.
1 provisions across 1 enactments
Gaurav Tyagi
Smt. Parul Tyagi
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
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