2012 Supreme(Raj) 1831
RAJASTHAN HIGH COURT
Arun Kumar Mishra, Nirmaljit Kaur, JJ.
Suresh Gurjar - Appellant
Versus
Usha Gurjar - Respondent
D.B. Civil Misc. Appeal No. 255 of 2011.
Decided On : 9-07-2012
Advocates:
For the Appellant:Sandeep Shah, Advocate.
For the Respondent:Rajesh Choudhary, Advocate.
Headnote:Hindu Marriage Act, 1955 – S. 24 – appeal for increase in the amount of interim maintenance of Rs. 1,300 p.m. – the respondent husband received a salary of Rs. 6,000 p.m. – allowing the appeal the court granted a maintenance of Rs. 2,500 p.m.
JUDGMENT
1. - Considered I.A. No. 2145/2012 filed under Section 24 of the Hindu Marriage Act by the respondent wife claiming amount of maintenance. The case set up by the respondent wife is that the income of appellant husband is approximately Rs. 40,000/- per month. In the reply filed to this application, it has been pointed out by the husband that he is working as Constable and drawing salary Rs. 6,000/- per month and in the proceedings under Section 125 Cr.P.C., the order of maintenance was passed to the tune of Rs. 1,300/- per month and his salary has been attached for compliance of the order passed in restitution proceedings. The case under Section 125 Cr.P.C. has been remanded for enhancement of the amount.
2. However, considering the fact that the appellant is earning Rs. 6,000/- per month as stated in the reply, we deem it appropriate to award a sum of Rs. 2,500/- per month as maintenance. With the aforesaid order, LA. No. 2145/2012 filed under Section 24 of the Hindu Marriage Act, stands disposed of.Appeal Disposed of.
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