AYUB AHMED Vs. QURRATH SADIYA

JUDGEMENT

(1.) THE Court below has awarded maintenance of Rs. 10,000/ - and Rs. 5,000/ - respectively in favour of wife and son of the petitioner. This petition is filed for setting aside the order passed by the Family Court. The petitioner is working as a doctor in ESI hospital and is getting gross salary of Rs. 55,897/ -. Out of the said amount, he is paying some amount towards income tax also. He is a senior Specialist in ESI Hospital. The child was studying in 7th Standard as on the date of the impugned order. The respondent was paying monthly rent of Rs. 4,500/ - to the house wherein she and her child are staying. It is no doubt true that the respondent is employed in the Gas Agency. According to the petitioner, respondent is getting salary of Rs. 8,000/ - per month. However, no salary certificate of the respondent is produced. But the fact remains that the respondent is also employed. The Court below has taken the said fact also into consideration while granting the maintenance.

(2.) THE petitioner is a Senior Specialist in ESI hospital and therefore his wife has to live on par with his status. If the amount of Rs. 4,500/ - is paid towards rent, the respondent would be hardly left with Rs. 10,500/ - from out of the maintenance amount. As aforementioned, the child is studying in 7th Standard. He will have to be educated properly and has to be looked after as a son of the doctor. In this view of the matter, the amount awarded cannot be said to be on the higher side. Hence no interference called for. Petition fails and the same stands dismissed.