Allahabad High Court
Smt. Swarna Rawat vs Major Devashish Sharma on 12 December, 2022
Bench: Surya Prakash Kesarwani, Mohd. Azhar Idrisi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- FIRST APPEAL No. - 903 of 2022
Appellant :- Smt. Swarna Rawat
Respondent :- Major Devashish Sharma
Counsel for Appellant :- Hitesh Pachori
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the defendant - appellant.
This appeal under Section 19 of the Family Courts Act, 1984 has been filed praying to set aside the impugned order dated 15.11.2022, whereby the application of the defendant - appellant under Section 24/26 of the Hindu Marriage Act, 1955, has been disposed of providing that the plaintiff - respondent shall pay Rs.7,500/- in lump sum to the defendant - appellant to meet litigation expences.
We have perused the impugned judgment and the affidavit accompanying the present appeal. We find that undisputedly the defendant - appellant and the plaintiff - respondent were married on 22.02.2015 at Moradabad as per Hindu rites and rituals. From their wedlock a daughter was born. The plaintiff - respondent is Major in Indian Army. The defendant - appellant has educational qualification of MCA. The defendant - appellant has also been doing for some time teaching job in Army School. After some dispute arose between the parties, the plaintiff - respondent has filed a Divorce Petition No.1647 of 2022 for divorce under Section 13 of the Act, 1955. The plaintiff - respondent has alleged that the defendant - appellant is doing teaching job in her father's school (Infantry Public School) and is getting salary of Rs.25,000/- per month which has been denied by the defendant - appellant before the court below. It has been admitted by the parties before the Court below that under the Provisions of the Army Act an order has been passed by the competent authority for deduction of 20% salary of the plaintiff - respondent for payment to the defendant - appellant and 5% of the salary to her daughter. This order is said to have been passed on 10.11.2022 under the Army Act. Thus, undisputedly defendant - appellant alongwith her daughter is getting 25% of the salary of the plaintiff - respondent per month. She alleged that the salary is Rs.1,75,000/- per month. Nothing has been brought on record about the amount being 25% of the salary. Neither there is any averment in this regard in the affidavit nor copy of pass book has been filed by the appellant to demonstrate that how much amount she is receiving from the plaintiff respondent being 25% of his salary.
Thus, under the facts and circumstances of the case, the defendant - appellant is receiving sufficient amount towards her maintenance, pursuant to the order passed by the competent authority under the Army Act, for her and her daughter's maintenance. Therefore, under the facts and circumstances of the case, the court below has not committed any error of law not to grant monthly maintenance to the defendant - appellant and to grant only Rs. 7,500/- to meet her litigation expences.
The appeal is totally frivolous and, therefore, deserves to be dismissed at the admission stage.
For all the reasons aforestated, the appeal is dismissed.
Order Date :- 12.12.2022/vkg
