Partly allowed

Satyaprakash Sharma S/O Sh. Ramesh Chand Sharma v. Smt. Manisha Sharma W/O Satyaprakash Sharma

Rajasthan HC15 May 2024XOBJC/27/2023

Case brief

AI extract

What is this about?

The husband challenged a divorce decree and maintenance award. The wife sought enhancement of maintenance. The court, noting the husband's income and mutual consent to divorce, dismissed the husband's appeal and partly allowed the wife's cross-objection by enhancing monthly maintenance.

What did the court decide?

Monthly maintenance enhanced from Rs. 12,000 to Rs. 20,000 payable till remarriage; appeal dismissed.

Satyaprakash Sharma S/O Sh. Ramesh Chand Sharma Vs… — Maintenance and Alimony | Rajasthan HC (2024)

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[2024:RJ-JP:23053-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Miscellaneous Appeal No. 2854/2023

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Satyaprakash Sharma Son Of Shri Ramesh Chand Sharma, Aged About 40 Years, Resident Of- 04, Shiv Colony, Mannaka Road, District Alwar, Rajasthan

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----Appellant

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Versus

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Smt. Manisha Sharma Wife Of Satyaprakash Sharma, Aged About 39 Years, Daughter Of Shri Narayan Sahay Mishra, Resident Of- 04, Shiv Colony, Mannaka Road, District Alwar, Rajasthan, Presently Residing At- Gram Rajpur Bada, Tehsil Rajgarh, District Alwar, Rajasthan.

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----Respondent

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Connected With

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D.B. Cross Objection (Civil) No. 27/2023

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Satyaprakash Sharma S/o Sh. Ramesh Chand Sharma, Aged About 40 Years, R/o R/o 04, Shiv Colony, Manakka Road, District Alwar (Raj.)

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----Appellant

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Versus

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Smt. Manisha Sharma W/o Satyaprakash Sharma, Aged About 39 Years, D/o Sh. Narayan Sahay Mishra, R/o 04, Shiv Colony, Manakka Road, District Alwar (Raj.) At Present Residing At Gram Rajpur Bada, Tehsil Rajgarh, District Alwar (Raj.)

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----Respondent

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For Appellant(s)	: Mr. Maneesh Sharma
	Mr. Hemant Taylor in D.B. Cross
	Objection(Civil)No. 27/2023
For Respondent(s)	: Mr. Hemant Taylor in D.B. Civil
	Miscellaneous Appeal No. 2854/2023

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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15/05/2024

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[2024:RJ-JP:23053-DB]

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[CMA-2854/2023]

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(2 of 3)

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Appellant-husband has preferred this appeal aggrieved by judgment and decree dated 05.08.2023 whereby, the application filed by the respondent under Section 13 of the Hindu Marriage Act was allowed and the decree of divorce has been passed and an award of Rs.12,000/- has been awarded as monthly maintenance under Section 25 of the Hindu Marriage Act. This amount is to be payable till she re-marries.

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Respondent-wife has preferred cross-objection wherein she has claimed enhancement of the maintenance.

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Today, parties have appeared before the Court. 4. We have interacted with the parties. The daughter of the wedlock is staying with the appellant-husband for last four years. Respondent-wife is M.A. B.Ed and she is preparing for the competitive examinations.

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As per the assertion by the appellant-husband, who is present in person, he is receiving salary amounting to Rs.81,000/per month after deductions. Both the parties are not willing to stay together and have agreed that the decree of divorce may be confirmed and the maintenance amount may be enhanced.

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Consequently, we deem it proper to dismiss the appeal filed by the appellant-husband and partly allow the cross-objections filed by the respondent-wife.

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Taking note of the fact that appellant-husband is earning Rs.81,000/- per month after deductions of taxes and he is having the responsibility of maintaining his daughter, we deem it proper to enhance the monthly maintenance allowance from Rs.12,000/to Rs.20,000/- per month.

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[2024:RJ-JP:23053-DB]

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[CMA-2854/2023]

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Consequently, appeal filed by the appellant is dismissed and the cross-objections filed by the respondent-wife is partly allowed to the extent that the amount of Rs.12,000/- is enhanced to Rs.20,000/- per month.

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This amount would be payable till the respondent-wife remarries. This amount would be adjustable against any amount which is being received by the respondent-wife under the Domestic Violence Act or under any other law.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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35-36-Rahul Joshi

Satyaprakash Sharma S/O Sh. Ramesh Chand Sharma v. Smt. Manisha Sharma W/O Satyaprakash Sharma

Case brief

What is this about?

What did the court decide?

Satyaprakash Sharma S/O Sh. Ramesh Chand Sharma v. Smt. Manisha Sharma W/O Satyaprakash Sharma

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

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