Smt Surbhi @ Megha vs Kapish Dubey
2022 Latest Caselaw 12506 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                             FA No. 1864 of 2019
                        (SMT SURBHI @ MEGHA Vs KAPISH DUBEY)

Dated : 19-09-2022
       This appeal coming on for orders this day, JUSTICE VIVEK RUSIA

passed the following:
       Shri Rohit Kumar Mangal, learned counsel for the appellant.
       Ms. Sudha Shrivastava, learned counsel for the Respondent.

Heard on I.A. No.9548/2019, an application under Section 24 of Hindu Marriage Act, 1955.

The appellant/wife has filed present appeal under Section 19 of Family Courts Act, 1984 being aggrieved by the judgment and decree dated 14.10.2019 passed in HMA Case No.964/2014 by Principal Judge, Family Court, Indore whereby the decree of divorce has been granted to the respondent/husband.

In this pending appeal, the appellant/wife has filed an application under Section 24 of Hindu Marriage Act, 1955 seeking maintenance @ Rs.10,000/- for herself and @ Rs.8,000/- per month for daughter Mishthi, who is residing with her.

According to the appellant/wife she is unemployed lady and residing with

her parents. Her father has been retried employee from LIC and getting pension. The annual school fee of her daughter is Rs.63,600/- which she is unable to pay. The respondent/husband is serving as Deputy News Editor in Naiduniya Daily News Paper and getting salary of Rs.39,120/-. During pendency of divorce proceedings she was getting Rs.5,000/- for herself and Rs.2,500/- for her daughter vide order dated 18.11.2015. At present the respondent/husband is getting Rs.50,000/-, hence, respondent/husband be directed to pay Rs.10,000/-

for herself and Rs.8,000/- to her daughter as pendente lite maintenance.

The respondent/husband filed reply opposing the prayer made by appellant/wife by submitting that during the pendency of divorce proceedings, the appellant/wife filed an application under Section 25 of Hindu Marriage Act claiming permanent alimony and the Family Court has awarded Rs.3,00,000/- as permanent alimony payable to the appellant and daughter. She is well qualified having decree of MBA (Foreign Trade). She is owned house and car. In cross examination before the Trial Court, she has admitted that she is owner of house and she is only child of her parents. She has also admitted that she is working lady. So far as salary is concerned, he submitted that his gross salary 39,000/-

and getting Rs.22,000/-. His widow mother is totally dependent upon him. He paid Rs.3,00,000/- as permanent alimony as per Court direction. Hence, application may be dismissed.

We have heard counsel for the parties and perused the record. In cross-examination, she has admitted that she is having house and car. Her mother is having house at Sudama Nagar and getting rent of house. The mediation proceedings has ended into failure as appellant/wife and respondent/husband did not entered into compromise. By way of interim maintenance, Family Court has awarded Rs. 5,000/- for herself and Rs.2,500/- for daughter. That order has attained finality. The respondent was paying the aforesaid amount till final disposal of divorce petition. After appreciating the evidence came on record, the learned Family Court has found that the appellant/wife is working lady, having sufficient means to maintain herself as well as daughter, however, Rs.3,00,000/- has already been awarded to appellant as well daughter which has been paid by the respondent/husband. The respondent/husband is getting only Rs.22,000/- and his aged mother is totally

dependent upon him.

In view of the above, I.A. No.9548/2019 is dismissed.

                 (VIVEK RUSIA)                                  (AMAR NATH (KESHARWANI))
                     JUDGE                                               JUDGE

          Praveen




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NAYAK
Date: 2022.09.21 17:25:18 +05'30'