Appeal against maintenance pendente lite granted to respondent wife under Section 24. Court held Family Court justified considering minor daughters residing with wife as having no income. Appeal dismissed summarily.
Appeal against maintenance order dismissed summarily.
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Court No. - 21
Case :- FIRST APPEAL No. - 156 of 2022
Appellant :- Mahesh Chandra Respondent :- Pooja Counsel for Appellant :- Ashok Kumar Upadhyay,Rajesh Tripathi
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant appeal is directed against the order dated 18.12.2021 passed by Principal Judge, Family Court, Aligarh in Matrimonial Petition No.1161 of 2021 granting maintenance pendente lite to the respondent wife at the rate of Rs.15,000/per month by 7th of each month and a lumpsum amount of Rs.20,000/- as expenses of the proceedings. The specific finding returned by the court below is that the respondent is duly wedded wife of the appellant; that she is residing with her father; that she has no independent source of income; that it is the moral duty of the appellant to maintain the respondent wife and their two daughters who are also residing with the respondent; that the specific case of the respondent that the appellant is earning Rs.40,000/- per month, has remained unrebutted.
It is not disputed that the appellant has filed Marriage Petition No.1161 of 2021 against the respondent for restitution of conjugal rights and in the alternative, for dissolution of their marriage dated 10.02.2015. The opposite party filed an application on 21.10.2021 under Section 24 of the Hindu Marriage Act, 1955 claiming maintenance pendente lite at the rate of Rs.20,000/- per month for herself and for her two daughters plus litigation expenses. The appellant did not file any objection to the application under Section 24 of the Act and consequently, the specific case set up therein that the respondent has no independent source of income to maintain herself and her daughters and that the appellant has monthly income of Rs.40,000/- per month remained unrebutted.
Learned counsel for appellant submitted that the two minor daughters were not party to the proceedings and therefore, the court below is not justified in taking them into consideration while determining the expenses payable to the respondent as maintenance pendente lite.
We do not find any force in the said submission. It is not disputed before us that both the daughters are residing with the respondent and she is bearing their expenses. Concededly, the respondent has no independent source of income of her own
and thus, the court below was fully justified in taking note of the fact that the respondent is also bearing expenses of two minor daughters.
Learned counsel for the appellant submitted that the appellant was not granted proper opportunity to oppose the application under Section 24 of the Act. However, he could not place before us any material to demonstrate that proper opportunity was not afforded to the appellant to object to the said application.
We find no force in the present appeal and it is dismissed summarily.
(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.) Order Date :- 23.3.2022 SL
Digitally signed by SHYAM LAL Date: 2022.03.24 11:19:44 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Family Court was justified in granting maintenance pendente lite to the respondent wife when her minor daughters were residing with her and she had no independent income.
Whether the appellant was denied the proper opportunity to oppose the application for maintenance under Section 24 of the Hindu Marriage Act, 1955.
1 provisions across 1 enactments
Mahesh Chandra
Pooja
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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