Allowed

Smt. Rashi Chandak v. Giriraj Chandak

Chhattisgarh HC10 Jan 2019FAM/171/2018

Case brief

AI extract

What is this about?

The High Court allowed the appellant's appeal under the Family Courts Act seeking enhancement of interim maintenance provided by the Family Court. Considering the husband's disclosed income and the parties' living standard, the court enhanced the monthly maintenance amount and granted specific travel and litigation expenses.

What did the court decide?

Enhanced interim maintenance to Rs.6,000 per month; Rs.1,000 travel expenses per hearing; Rs.10,000 litigation expenses.

Smt. Rashi Chandak Vs Giriraj Chandak — Maintenance and Alimony | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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FAM No. 171 of 2018

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Smt. Rashi Chandak W/o Shri Giriraj Chandak Aged About 34 Years D/o Shri Mahesh Kumar Dammani, R/o House No. G - 39, Gulmohar Park, Ramnagar Raipur District Raipur Chhattisgarh.

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---- Appellant

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Versus

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Giriraj Chandak S/o Shri Bitthaldas Chandak Aged About 38 Years R/o Ward No. 4 Tumgaon Raod, Mahasamund District Mahasamund Chhattisgarh.

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---- Respondent

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For Appellant Shri Yogesh Pandey, Advocate For Respondent None, despite service of notice

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Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Smt. Justice Vimla Singh Kapoor

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Judgment on Board

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By Prashant Kumar Mishra, J.

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10/01/2019

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In this appeal under Section 19 of the Family Courts Act, 1984 the appellant/wife would pray for enhancement of the amount of maintenance, which has been fixed by the Family Court at Rs.4,000/- per month.

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Respondent/husband has moved an application seeking decree of divorce on the grounds enumerated under Section 13 of the Hindu Marriage Act, 1955 ( for short 'the Act, 1955' ). On her appearance, the appellant/wife moved an application for grant of maintenance pendente lite under Section 24 of the Act, 1955.

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The Trial Court has allowed lump sum payment of Rs.4,000/towards maintenance pendente lite , traveling expenses and litigation expenses whereas the appellant had prayed for Rs.15,000/- per month towards interim maintenance; Rs.3,000/traveling expenses on the date of hearing; and litigation expenses of Rs.25,000/-.

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As per the respondent's own showing he is operating the petrol pump belonging to his father. From the Income Tax return filed as additional document in this appeal, it appear the respondent has disclosed his gross yearly income at Rs.5,41,723/- for the Assessment Year 2016-17. The gross monthly income of the respondent would thus come to Rs.45,000/- (approx.).

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Considering the living standard of the parties, who belong to Jain community, and the income of the respondent/husband, it appears award of Rs.4,000/- per month collectively towards interim maintenance; traveling expenses; and litigation expenses is not adequate or proper, therefore, we dispose of this appeal directing the respondent/husband to pay a sum of Rs.6,000/- per month towards interim maintenance; Rs.1,000/- as traveling expenses on each date of hearing whenever the appellant/wife appears before the trial Court; and one time litigation expenses of Rs.10,000/-.

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In the result, the appeal is allowed to the extent indicated above.

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Sd/-	Sd/-
Judge	Judge
Prashant Kumar Mishra	Vimla Singh Kapoor

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Gowri

Smt. Rashi Chandak v. Giriraj Chandak

Case brief

What is this about?

What did the court decide?

Smt. Rashi Chandak v. Giriraj Chandak

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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