RITESH KATAKWAR Vs. PARMESHWARI KATAKWAR

JUDGEMENT

(1.) With the consent of the parties matter is heard finally.

(2.) This appeal is directed against impugned judgment and decree dated 31.10.2019, passed by the Family Court, JanjgirChampa, in Miscellaneous Civil Suit No.84-A/2017 by which, the learned Family Court while granting decree of divorce has passed an order for payment of Rs.5000 per month to the respondent/wife as well as son.

(3.) Relying upon the Supreme Court decision in the case of Jalendra Padhiary Vs. Pragati Chhotray, 2018 16 SCC 773, learned counsel for the appellant would make pointed submission that in the present case, the learned Family Court has exceeded his jurisdiction in directing payment of monthly maintenance to the wife and her son. He would submit that no enquiry has been made with regard to the income of the husband. He would also submit that the order is more in the nature of maintenance pendente lite. He would also submit that in proceedings for dissolution of marriage, even though, the Court has power to pass an order for grant of permanent alimony under Section 25 of the Hindu Marriage Act, the said provision does not cloth the Court with the jurisdiction to direct payment of maintenance to the son.