In this appeal regarding interim maintenance, the High Court of Chhattisgarh dismissed the Appellant's challenge against an order granting Rs.1,500/- maintenance to the Respondent, holding that the Family Judge's discretion was appropriate.
The appeal was dismissed; the impugned order granting interim maintenance to the Respondent was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
First Appeal (M) No.94 of 2015
Loknath, son of Shri Baharuram Dewangan, aged about 27 years, R/o Main Road, Near Rajput Hotel, Birgaon, Police Station Urla, Raipur, Tahsil and District Raipur, Chhattisgarh
---- Appellant
versus
Smt. Rukmani, D/o Shri Mehataru Dewangan, aged about 24 years, R/o Village Pacheda, Near Chandrakhuri Farm, In front of Zero Point, Tahsil and District Raipur, Chhattisgarh
---- Respondent
For Appellant : Shri C.R.Sahu, Advocate For Respondent : Shri D.N.Prajapati, Advocate
Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri Justice P. Sam Koshy
Judgment on Board
Per Navin Sinha, Chief Justice
5/10/2015
2 . The Appellant is aggrieved by order dated 25.7.2014 in Civil Suit No.553 of 2014 by First Additional Principal Judge, Family Court, Raipur granting interim maintenance to the Respondent of Rs.1,500/- with litigation cost of Rs.1,000/-.
3 . Having heard Learned Counsel for the parties and after consideration of the discussion in the impugned order with regard to the materials placed by the parties, we do not find much substance in the submission of the Appellant that because the Respondent had also income from working in a beauty parlour, the interim maintenance as awarded was excessive. In our opinion, the Family Judge has exercised his discretion in a manner commensurate.
Sd/Sd/( Navin Sinha ) ( P. Sam Koshy ) CHIEF JUSTICE JUDGE
Subbu
2 issues framed by the court
Whether the interim maintenance of Rs.1,500/- with litigation cost of Rs.1,000/- awarded to the respondent is excessive considering her income from working in a beauty parlour.
Whether the Family Judge exercised his discretion properly in granting maintenance.
1 provisions across 1 enactments
Loknath, son of Shri Baharuram Dewangan
Smt. Rukmani, D/o Shri Mehataru Dewangan
Navin Sinha
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
