Amitav K Gupta, J. - (1.) The petitioner has preferred this revision petition challenging the order dated 07.12.2016 passed under Section 24 of the Hindu Marriage Act, 1955 whereby the learned Additional Principal Judge, Family Court, Dhanbad, has granted ad interim maintenance of Rs.30,000/-, to be paid to the O.P. by the petitioner, in T.M.Suit no.436/2013.
(2.) Learned counsel for the petitioner has assailed the impugned order contending that the awarded ad-interim maintenance is exorbitant. It is argued that the court below has ordered for payment of the excessive amount without appreciating the fact that the Supreme Court, in the case of Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy, 2017 AIR(SC) 2383, has observed that 1/4th of the income should be granted as maintenance.
(3.) It is submitted that the court below has failed to appreciate that the petitioner, who was working as a doctor in Jalan Hospital, was compelled to quit the job on account of the incessant disturbance created by the O.P. at his work place. It is argued that O.P. has filed a case under the Domestic Violence Act against the O.P., therefore she is not entitled to any maintenance. It is canvassed that no material evidence or document has been brought on record, by the O.P./wife, to establish the factum of actual income of the petitioner and the court below has passed the order only on the basis of the statement and allegation made by the O.P. It is urged that since the order has been passed without recording any evidence, hence it is fit to be set aside.;