Madhya Pradesh High Court
Sanjeev Parashar vs Smt. Mithilesh Kumari Parashar on 9 January, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
First Appeal No. 1445/2019
(Sanjeev Parashar Vs. Smt. Mithlesh Kumari Parashar)
Gwalior, dated 09.01.2020
Shri B.B.Shukla, learned counsel for the appellant.
Shri Vinod Kumar Bharadwaj, learned senior counsel
with Shri Rohit Batham, Advocate for the respondent.
IA No. 4856/2019, an application under Section 24 of Hindu Marriage Act, filed on behalf of respondent is taken up and considered.
It is submitted by learned counsel for the respondent that the wife is receiving Rs.3000/- per month as maintenance from appellant under Section 125 of CrPC and Rs.2000/- per month in a separate proceeding under Section 24 of Hindu Marriage Act, but the appellant has not paid the maintenance amount after September, 2016. The appellant has admitted before the court below that he is working as Senior Engineer in Gannon Dunkley Limited and getting Rs.2.00 lacs per month. The respondent is unemployed and dependent on her parents. She has no independent income to maintain herself. Hence, learned counsel for the respondent prays for awarding suitable amount as maintenance from the appellant.
Per Contra, learned counsel for the appellant opposed the application and submitted that the appellant had met with an accident ten years ago and suffered permanent disability, due to which he was not found fit and removed by the company and at present the appellant is unemployed.
From perusal of the available record, it is apparent that the divorce petition moved by the appellant-husband has been dismissed while the petition filed by the respondent-wife 2 THE HIGH COURT OF MADHYA PRADESH First Appeal No. 1445/2019 (Sanjeev Parashar Vs. Smt. Mithlesh Kumari Parashar) under Section 9 of Hindu Marriage Act has been allowed, and yet both the parties are not residing together.
While determining the monthly maintenance, the factors like high rise status, standard of living enjoyed by the respondent during her marriage and in the present scenario of the sky high prices and the basic needs of the respondent- wife, should be kept in mind. Hence, keeping in mind these factors it will be appropriate to award the maintenance amount to the tune of Rs.3000/- per month under Section 24 of Hindu Marriage Act, in addition to the amount awarded under Section 125 CrPC. Thus, maintenance of Rs.6000/- per month would not only suffice the necessities and basic comforts of the wife and shall also be in line with orders of Division Bench in First Appeal No. 196/2007 decided on 30.08.2017, against which SLP (Civil) No. 1529-1530 of 2018, filed by husband, stood rejected on 12.01.2018.
Consequently, IA No. 4856/2019 is hereby allowed in part. The appellant-husband shall pay Rs.3000/- per month as maintenance under Section 24 of Hindu Marriage Act, in addition to the amount already awarded under Section 125 CrPC. from the date of passing of this order.
Let appeal be listed in due course.
(Sheel Nagu) (Rajeev Kumar Shrivastava)
Judge Judge
Yog/
YOGESH VERMA
2020.01.13
VALSALA
VASUDEVAN
2018.10.26
15:14:29 -07'00' 17:39:15 +05'30'