DEEPAK SHRIVASTAVA Vs. JYOTI SHRIVASTAVA

JUDGEMENT

(1.) The petitioner - husband has filed the present petition being aggrieved by order dated 15.7.2016 passed by Additional Principal Judge, Family Court, Indore in HMA Case No.290/2013, by which the petitioner has been directed to pay the interim maintenance @ Rs.4,000/- per month to the respondent-wife from 1.7.2015 in exercise of powers u/s. 24 of the Hindu Marriage Act .

(2.) The facts, in short, are that the marriage between the petitioner and respondent was solemnised on 11.3.2012. Due to some dispute arose between them, they started living separately. The petitioner filed an application u/s. 13(1)(i)- A of the Hindu Marriage Act on the ground of cruelty. After receipt of summons, the respondent filed an application u/s. 24 of the Hindu Marriage Act (hereinafter, for short, "the Act") claiming maintenance @ Rs.65,000/- per month and the litigation expenses @ Rs.25,000/-. The petitioner filed the reply to the said application by submitting that the respondent is already working as Assistant Professor in Career College of Law, Bhopal and is getting Rs.15,050/- per month as salary and she owns a house at Bhopal, therefore, she is not entitled to seek maintenance from him. In support of the reply, the petitioner has filed bank account statement of the respondent; certificate dated 23.10.2015; and biodata of the respondent. The petitioner has also filed documents to show that she has purchased a house in a total sale- consideration of Rs.4,25,000/- and obtained a loan of Rs.2,00,000/- for purchase of a car.

(3.) Vide order dated 1.7.2015, the learned Family Court has partly allowed the application filed u/s. 24 by directing the petitioner to pay the interim maintenance @ Rs.5,000/- per month. Being aggrieved by the said order, the petitioner filed writ petition No.5078/2015 before this Court. By order dated 23.11.2015, this Court has set aside the order and remanded the matter back to the Family Court to decide afresh in accordance with law. Now, by the impugned order dated 15.7.2016, the learned Family Court has only reduced the amount from Rs.5,000/- to Rs.4,000/- with the direction to the petitioner to pay from 1.7.2015 along with travelling expenses as litigation expenses at Rs.8,000/-. Being aggrieved by the said order, the petitioner has filed the present petition before this Court.