Uttarakhand High Court
Umesh Chandra Chamola vs Smt Seema on 9 March, 2015
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
FA No.62/10 Hon'ble Servesh Kumar Gupta, J.
Mr. Lokendra Dobhal, Advocate for the appellant.
Mr. Yogesh Pacholiya, Advocate for the respondent.
Having heard the learned counsel of either party, it transpires that the respondent-wife is already getting Rs.5,000/- per month regularly towards the maintenance granted u/s 125 Cr.P.C. by the Court concerned. In the break up of such maintenance, Rs.3,500/- was awarded to respondent-Smt. Seema and Rs.1,500/- for her daughter.
The divorce petition was filed by appellant which was dismissed by the Trial Judge, where-against he has come up in appeal before this Court.
Application (CLMA 8266/11) has been moved by the respondent seeking maintenance to the tune of Rs.6,000/- for herself and Rs.3,000/- towards expenses for her daughter, in all Rs.9,000/- per mensem, against the appellant. In addition, Rs.40,000/- in lump-sum have also been prayed by the respondent from her husband to meet the expenses for litigation and travelling to and fro from the remote District Rudraprayag to Nainital.
It has been argued by learned counsel for Smt. Seema that the appellant, at the time of marriage, on 18.5.2001, was a Teacher in L.T. Grade and now, with the passage of time gap of 14-15 years, he is getting the monthly salary of Lecturer which ought not to be less than Rs.50,000/- per month.
Taking into consideration all the factors, I find that the prayer made by Smt. Seema-respondent in the application, which was moved more than four years ago, is quite genuine. Thus, Rs.9,000/- per month is awarded w.e.f. 1.1.2012 as maintenance to the respondent- Smt. Seema, as well as for her daughter who is studying in Xth Standard. This amount will adjust Rs.5,000/- which she is already getting.
The arrears from 1.1.2012 till 28.2.2015 shall be paid by the appellant in four equal installments whereas w.e.f. 1.3.2015, he will continue to pay the same regularly to the respondent. In order to ensure such payment, the order of this Court shall be served upon the Drawing & Disbursing Authority (DDO) of the appellant, who shall deduct such amount from the salary of appellant and, in turn, will remit the same to the respondent-Smt. Seema at her address.
That apart, the amount of Rs.40,000/-, as sought by the appellant for travelling and litigation expenses, is also granted. The same shall also be recovered by the DDO of the appellant in four equal installments and thereafter will be remitted to the respondent at her permanent address.
List the matter in the month of August, 2015 only if the above order is complied with.
(Servesh Kumar Gupta, J.) 09.03.2015 Rdang