- (1.) THE appellant-husband has filed this appeal (CMA No.716/2011) seeking to challenge the judgment and decree dated 29.03.2011 as passed in Civil Suit No.110/2011 whereby the Family Court No.1, Jodhpur has dismissed the petition for dissolution of marriage as filed by him.
(2.) PENDING this appeal, an application (IA No.5549/2012) has been moved by the respondent-wife seeking pendente lite maintenance and litigation expenses. It is submitted that the applicant is an unemployed lady having no independent source of income; that she is living at her parental house under the compelling circumstances; and that her husband is a practicing advocate enrolled in the year 1994 and is earning handsome amount in practice. The applicant has also stated in the application that she was not allowed matrimonial company of her husband; and she was not regularly getting even the amount of Rs.1,500/- per month as awarded by the Family Court, Jodhpur towards maintenance. The applicant has prayed that the appellant may be directed to pay her monthly maintenance at Rs.15,000/- and an amount of Rs.25,000/- towards litigation expenses. A reply to the application has been filed on behalf of the appellant contending, inter alia, that the applicant and her family are of sound economic position. It is also submitted that the applicant is graduate and is earning Rs.1,500/- by teaching in a private school. It is also submitted that her parents have given her a big house; and she is having a fixed deposit of Rs.70,000/- -- 80,000/- in her Bank account and was getting interest over the same. The appellant, for himself, has stated that though enrolled as an Advocate, he is working as an Assistant with an Advocate and getting an amount of Rs.3,500/- - 4,000/- per month by 'doing petty works' in the Court. During the course of consideration of the application, upon noticing the averments about arrears of the amount of maintenance awarded by the Family Court, Jodhpur, the appellant was given some time to make the requisite payment today itself. The appellant has carried out the compliance and it is an admitted position that the entire amount towards such maintenance has been paid and nothing remains in arrear. So far the present application is concerned, after having heard the learned counsel for the parties and having taken into consideration the totality of the circumstances, we are of the opinion that the appellant should make payment of at least an amount of Rs.4,500/- per month towards maintenance to the applicant- respondent; and should also pay an amount of Rs.7,000/- towards litigation expenses. Since the applicant is getting Rs.1,500/- towards maintenance as awarded by the Family Court, Jodhpur, she would be entitled to an additional amount of Rs.3,000/- per month pursuant to this order from the date of filing of the application i.e., 16.04.2012. The arrears as per this order and so also the litigation expenses shall be paid within fifteen days from today.
(3.) IT has been argued on behalf of the appellant that it would be impossible for him to make payment of such a huge amount. The submission has been considered and is rejected. In our opinion, Rs.4,500/- towards maintenance in the present scenario and circumstances is rather on lower side particularly when the appellant is said to be lawyer enrolled in the year 1994; and nothing concrete has been placed on record regarding the alleged job and earning of the applicant-wife. Looking to the overall circumstances, we rather make it clear that the aforesaid amount has been awarded as at present; but, if the applicant would be in a position to submit any other higher income proof of the appellant, it will be permissible for her to apply for the revision of this order towards higher amount of maintenance. The application (IA No.5549/2012) stands disposed of accordingly. ;