Smt. Babita @ Garima vs Sunil
2022 Latest Caselaw 9227 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                               FA No. 175 of 2014
                           (SMT. BABITA @ GARIMA Vs SUNIL)

Dated : 09-07-2022
       Shri Pratip Visoriya, Counsel for appellant.

       Shri Rajveer Singh, Counsel for respondent.

Heard on I.A. No.4296/2019, an application under Section 24 of the Hindu Marriage Act for grant of interim maintenance.

It is submitted by counsel for appellant that appellant has no independent source of income. She has already lost her father and she is dependent upon her

widow mother. On earlier occasion, the case was fixed for final arguments but it could not be heard. The appellant is receiving an amount of Rs.2,000/- in a proceedings under Section 125 of Cr.P.C and in the light of judgment passed by the Supreme Court in he case of Rajnesh Vs. Neha and another reported in (2021) 2 SCC 324 the amount awarded under Section 125 of Cr.P.C can be considered and adjusted while ascertaining the quantum of maintenance.

The respondent has filed his reply and submitted that appellant is entitled for maintenance only under one statute. Infact the decree of divorce has been passed on the ground of cruelty and desertion by the respondent. However, the

factum of death of father of appellant has not been denied but it is claimed that appellant is earning Rs.15,000/- per month by running a beauty parlor and tailoring.

Considering the totality of the facts and circumstances of the case, I.A. No.4296/2019 is hereby allowed.It is directed that the respondent shall pay an interim maintenance of Rs.2,000/- per month to the appellant from the date of filing of this application i.e. 17.10.2019. The arrears shall be paid within a period

of two months from today.

I.A. No.4296/2019 is finally disposed of.

By order dated 23.10.2021, this Court had directed to list this case for final hearing in week commencing 22.11.2021. It is submitted that since the case could not reach, therefore, the matter was not heard.

Accordingly, list this case for final hearing at motion stage in week commencing 26.09.2022.

   (G.S. AHLUWALIA)                                (RAJEEV KUMAR SHRIVASTAVA)
         JUDGE                                                JUDGE

Aman
  AMAN TIWARI
  2022.07.09
  17:00:28 +05'30'