DHANJI BHAI Vs. STATE OF RAJ
LAWS(RAJ)-2012-7-199
HIGH COURT OF RAJASTHAN
Decided on July 19,2012

DHANJI BHAI Appellant
VERSUS
STATE OF RAJ Respondents

JUDGEMENT

- (1.) THIS revision petition has been filed against 19.12.2008 passed by the learned Judge, Family Court, Udaipur whereby the maintenance allowance of Rs.2500/- has been ordered in favour of the non-petitioner.
(2.) THE only contention of the present petitioner is that the learned Family Court has not assessed the income of the present petitioner in right perspective. He is not working in any government school. He was only a teacher on contract basis which contract remained in existence only for 10 months. He has no income and hence the maintenance allowance which has been awarded to the non-petitioner should be quashed. The contention of the non-petitioner is that the present petitioner is working as a teacher and hence there is no need to interfere in the maintenance awarded. In original petition, the non-petitioner has pleaded that the present petitioner is working in Govt. Primary School, Navbhaga Tehsil Vijay Nagar District Sabarkanta (Gujarat) as teacher and he is earning Rs.10,000/- per month. In reply of this, the present petitioner has stated that he is working on contract basis but nothing has been alleged regarding the salary of the petitioner. Thereafter, it has been alleged that the contract was only for 10 months and now he is not working any where, but no documentary evidence has been produced in support of his contention. Hence the learned Family Court has rightly appreciated the evidence produced before him and looking to the status and need of the parties, amount of Rs.2500/- has been rightly awarded. Hence there is no illegality or infirmity in the impugned order and this revision petition is liable to be dismissed. Therefore this revision petition is hereby dismissed. ;


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