Kitab Singh vs Smt. Rubi
2022 Latest Caselaw 5591 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 137 of 2022
 

 
Appellant :- Kitab Singh
 
Respondent :- Smt. Rubi
 
Counsel for Appellant :- Pankaj Kumar Mishra
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the appellant and perused the record.

The present appeal is directed against the judgment and order dated 25.10.2021 passed by the Family Court fixing interim maintenance for the respondent-wife and the minor child to the tune of Rs. 3000/- per month and Rs. 1000/- per month; respectively, till the disposal of the proceeding under Section 9 of the Hindu Marriage Act instituted by the appellant-husband.

The grounds taken in the memo of appeal to challenge the judgment and order dated 25.10.2021 is that the opposite party namely the wife is not ready to live with her husband and she had left her matrimonial house willingly.

The Family Court has granted maintenance allowance of Rs. 4000/- per month which is excessive. The trial court has imagined the monthly income of the appellant-husband and the respondent-wife has failed to prove the monthly income by cogent and concrete documentary evidence. The ground is that the appellant is daily wager and hardly earns Rs. 4000/- per month.

Dealing with the grounds taken in the memo of appeal, it may be noted that the trial court has categorically recorded that the appellant-husband is a young man who is MBA passed and is doing private job. He has Pakka House in the village and his father has agricultural property from which there is an income of the family of about 30,000/- per month whereas the respondent-wife has no source of income.

The salary certificate or any proof of the earning of the appellant has not been brought on record though it is admitted that the appellant-husband is doing a private job.

Comparing the status of the appellant-husband and the respondent-wife, we do not find any illegality in the order passed by the trial court. Rs. 4000/- fixed towards the interim maintenance cannot be said to be excessive in view of the findings returned by the trial court which could not be assailed by the appellant by bringing any material to prove otherwise.

The appeal is, accordingly, dismissed.

Order Date :- 29.6.2022

Brijesh