Niraj Kumar Dhakre Alias Pintu vs Karishma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1371

SAUMITRA DAYAL SINGH, DONADI RAMESH
Niraj Kumar Dhakre Alias Pintu – Appellant
Versus
Karishma – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ashish Kumar
For the Respondent: Shashi Kumar Mishra

JUDGMENT :

1. Heard Sri Ashish Kumar, learned counsel for the appellant and Sri Shashi Kumar Mishra, learned counsel for the respondent.

2. Present appeal has been filed under Section 19 of the Family Courts Act, 1984, arising from the judgement and order dated 26.07.2024 passed by the Additional Principal Judge, Family Court, Etawah in HMA Case No. 654 of 2022 (Neeraj Kumar Dhakrey Vs. Smt. Karishma). By that order, the learned Family Court has provided for interim maintenance Rs. 5,000/-per month to the respondent under Section 24 of the Hindu Marriage Act, 1955 from the date of her application i.e. 10.03.2023. It has further awarded a lump sum amount Rs. 10,000/-towards legal expense.

3. Grievance of the appellant is, he is serving as a Lance Naik/Sipahi with the Indian Army, drawing salary roughly Rs. 50,000/-per month. In the context of matrimonial discord that has arisen between the parties, against that salary entitlement the appellant was first subjected to deduction 22% of his salary in terms of Army Order 06/2020/AG/DV : Payment of Maintenance Allowance to Wives and Children of Army Personnel under the Army Act (hereinafter referred to as the 'Army Order'). For ready referen