NISHA PRAJAPATI Vs. SURENDRA KUMAR

JUDGEMENT

(1.) This appeal is directed against order dated 3.11.18 passed by the Family Court No.1, Jodhpur, whereby an application preferred by the appellant under Sections 24 and 26 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") claiming maintenance for herself and her minor daughter has been partly allowed. The maintenance claimed by the appellant for herself has been denied, however, the respondent has been directed to pay a sum of Rs.12,000/- per month for the minor daughter.

(2.) The facts relevant are that the respondent filed a petition under Section 13 of the Act of 1955 seeking decree of divorce against the appellant. During the pendency of the petition, the appellant preferred an application under Section 24 and 26 of the Act of 1955 seeking maintenance for herself and minor daughter, a sum of Rs.60,000/- and litigation expenses 1,15,000/-. The appellant is employed as Pharmacist and earning Rs.46,000/- per month. The appellant alleged that the respondent who is employed as Assistant Professor in Psychiatrist in the Government Medical College is earning Rs.50,000/- per month as salary. That apart, according to the appellant, he is earning Rs.1,00,000/- from private practice and Rs.50,000/- from other sources of income. However, while giving the details of income as aforesaid, the appellant claimed that total monthly income of the respondent is about Rs.4,50,000/-.

(3.) The respondent filed a reply to the application taking the stand that since the appellant is earning Rs.46,000/- per month and therefore, she is in position to maintain herself and the minor daughter. The respondent denied that he is earning Rs.4,50,000 per month, however, admitted that he is earning Rs.60,000/- by way of salary and Rs.25,000-30,000 per month from private practice.