Neelam vs Indra Kumar
2022 Latest Caselaw 8515 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 860/2021

Indra Kumar Vyas S/o Murai Lal Vyas, Aged About 40 Years, Vyas Bhawan, Somani Mohalla Kapasan, Tehsil And District Chittorgarh

----Appellant Versus Neelam W/o Indra Kumar, Aged About 40 Years, 1 (Tha) 13, Vigyan Nagar, Kota, Tehsil And District Kota

----Respondent

D.B. Civil Misc. Appeal No. 582/2022 Smt. Neelam W/o Indra Kumar Vyas, aged about 41 years, Resident of Vyas Bhawan, Somain Mohalla, Kapasan, District Chittorgarh, presently residing at 1(Tha)-13, Vigyan Nagar, Kota, Tehsil & District Kota (Raj.).

---Appellant Versus Indra Kumar S/o Late Shri Murarilal Vyas, by caste Brahmin, Government Employee in Agriculture Department Chittorgarh, R/o Vyas Bhawan, Somani Mohalla, Kapasan, Tehsil Kapasan, District Chittorgarh, presently resident of Government Quarter, Office of Dy. Director, Agriculture Extension Department, Behind Chittorgarh Bhawan, Panchayat Samiti Parisar, Chittorgarh.

----Respondent

For Appellant/Resp. : Mr Vivek Mathur for Indra Kumar Vyas Mr Pawan Singh for Smt. Neelam

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

01/07/2022

(2 of 4)

These two appeals are preferred on behalf of the

appellants being aggrieved with the order dated 31.08.2021

passed by Family Court, Chittorgarh (for short 'the family court'

hereinafter) in Civil Misc. Case No.07/2021 in an application under

Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act of

1955' hereinafter), whereby the family court has directed the

appellant - Indra Kumar Vyas to pay maintenance to the tune of

Rs.11000/- per month to the appellant - Neelam and her minor

daughter. The family court has also directed to pay litigation cost

of Rs.3000/- and Rs.2000/- for transportation charges for each

date to the appellant - Neelam and her daughter.

Brief facts of the case are that the marriage of the

appellants - Indra Kumar Vyas and Neelam was solemnized on

22.01.2003 in accordance with Hindu Ritual and out of their

wedlock, one daughter was born. Appellant - Indra Kumar Vyas

filed an application under Section 13(1) of the Act of 1955 seeking

annulment of marriage between him and the appellant - Neelam

and the same is pending before the family court. In the said

proceedings, the appellant - Neelam moved an application under

Section 24 of the Act of 1955 with a prayer for getting monthly

maintenance to her and her daughter. The said application was

contested by the appellant - Indra Kumar Vyas, however, the

family court, after taking into consideration the contentions raised

on behalf of both the appellants, has passed the impugned order.

Learned counsel for the appellant - Indra Kumar Vyas

has submitted that the appellant is a Government employee and

his basic pay is Rs.41,500/-. It is submitted that the ailing mother

of the appellant and his other siblings are living with him and none

(3 of 4)

of his siblings is earning and he has to borne out all the expenses

of his family and as such it is very harsh for him to pay monthly

maintenance to the tune of Rs.11000/- to the appellant - Neelam

and her minor daughter. Learned counsel for the appellant has,

therefore, prayed that the amount of maintenance as awarded by

the family court is liable to be reduced.

Per contra, learned counsel for the appellant - Neelam

assailing the validity of the impugned order has argued that the

family court has grossly erred in directing the appellant - Indra

Kumar Vyas to pay maintenance to the tune of Rs.11000/- per

month only. It is argued that the minor daughter of the appellants

is studying in a private school for which a hefty amount of

monthly fees is required to be paid. It is also argued by the

learned counsel for the appellant - Neelam that her minor

daughter is also going to learn Kathak and she has to pay a fee of

Rs.6750/- for three months. It is submitted that the appellant-

Neelam has no source of income and taking into consideration the

facts and circumstances of the case, the monthly maintenance

amount as awarded by the family court is liable to be enhanced.

Heard learned counsel for the parties and perused the

material available on record.

The argument raised on behalf of the appellant - Indra

Kumar Vyas is that he has to bear the expenses of his siblings and

his mentally ill mother but no documentary evidence regarding

family expenses and expenses of treatment of his mother has

been produced either before the family court or before this Court.

The appellant - Indra Kumar Vyas has also claimed

before the family court that appellant - Neelam is earning around

Rs.20,000-25,000/- per month by doing tuition and while working

(4 of 4)

in a private school but no such documentary or oral evidence has

been produced by him before family court or before this Court.

The family court has taken into consideration the fact

that the appellant - Neelam has no source of income and she is

living with her minor daughter and, therefore, an amount of

Rs.11000/- is justified as monthly maintenance.

In view the above, we do not find any illegality in the

order of the family court directing the appellant - Indra Kumar

Vyas to pay maintenance to the tune of Rs.11000/- per month as

well as the litigation cost and transportation charges. Hence,

there is no merit in the challenge of the appellant - Indra Kumar

Vyas to the impugned order.

So far as the claim of appellant - Neelam of enhancing

the amount of maintenance is concerned, no documentary or oral

evidence has been produced by her either before the family court

or before this Court to substantiate her claim for enhancing the

monthly maintenance amount. Hence, we do not find any merit in

the challenge of the appellant - Neelam to the impugned order.

Resultantly, both the appeals are bereft of merits and

the same are, therefore, dismissed.

                                   (KULDEEP MATHUR),J                                      (VIJAY BISHNOI),J




                                    31-masif/-PS









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