SANGEET LODHA,J. - (1.) This writ petition is directed against order dated 21.12.16 passed by the Family Court No.1, Jodhpur, whereby an application preferred by the respondent under Section 24 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") has been allowed and the petitioner has been directed to pay a sum of Rs. 5,000/- per month as maintenance pendente lite to the respondent for herself and Rs. 2,500/- for her minor daughter. The petitioner has been further directed to pay the litigation expenses a sum of Rs. 3,000/- and Rs. 200/- as travelling expenses for each date of hearing.
(2.) Learned counsel for the petitioner contended that the respondent has deserted the petitioner without any justifiable reason and therefore, she is not entitled for any maintenance. Learned counsel submitted that the Family Court has altogether ignored the fact that the court of Additional Chief Judicial Magistrate, Bilara has already passed an order under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short "the Act of 2005") directing the petitioner to pay a sum of Rs. 5,000/- per month to the respondent. Learned counsel submitted that before determining the amount of maintenance payable to the respondent, the Family Court was under an obligation to find out after objective consideration of the material on record, as to how much is the income of the petitioner. Learned counsel submitted that without determining the petitioner's income objectively, the order impugned passed by the court below awarding interim maintenance in favour of the respondent is not sustainable in the eyes of law.
(3.) I have considered the submissions of the learned counsel for the petitioner and perused the material on record.;