Allahabad High Court
Rajendra Kumar Gupta vs Smt. Seema Devi on 16 July, 2010
Author: Sunil Ambwani
Bench: Sunil Ambwani
Court No. - 29 Case :- WRIT - C No. - 6288 of 2008 Petitioner :- Rajendra Kumar Gupta Respondent :- Smt. Seema Devi Petitioner Counsel :- Shailesh Kumar Tripathi Respondent Counsel :- S.C. Hon'ble Sunil Ambwani,J.
Heard Sri S.K. Tripathi, learned counsel for the petitioner.
No one appears for respondent.
The Office has reported on 17.7.2008 that notices were sent to opposite party No.1 but the undelivered cover has returned back with the report of refusal by the Post Office.
Under the Rules of the Court, the service will be deemed to be sufficient.
Learned counsel for the petitioner submitted that in pursuance to the order of the court dated 4.2.2008, the petitioner-husband has deposited Rs.50,000/- in the Court of Civil Judge, Senior Division, Mau, out of which Rs.25,000/- has been paid over to respondent-wife. She appeared at the Mediation Centre in the High Court and stated that she is not willing to settle the matter.
This writ petition arises out of the award of interim maintenance of Rs.1,500/- per month and Rs.3,000/- as costs of the suit to the respondent-wife under Section 24 of the Hindu Marriage Act, in a divorce petition filed by the petitioner-husband on the ground of desertion and cruelty.
The respondent-wife is 20 years younger to the petitioner. The petitioner-husband has four children from his first wife. His eldest daughter is only a few years younger to his second wife.
In the proceedings under Section 125 Cr.P.C, in which the Special Judicial Magistrate, Mau has awarded maintenance of Rs.600/- per month to her on 20.2.2003. She has alleged that the petitioner beats her up after consuming liquor. He is a person of doubtful character, and spends him in the company of bad elements. According to the respondent-wife, the petitioner is running a medical store in the name of Jyoti Medical Store, and owns an Esteem car, Motorcycle and other properties.
Learned counsel for the petitioner submits that the amount of Rs.1500/- per month awarded as interim maintenance is highly excessive taking into account she is already getting Rs.600/- per month as maintenance under Section 125 Cr.P.C..
A divorce petition has been filed by the petitioner-husband. He has sufficient means of livelihood from medical store run by him and has a car, motorcycle and other properties. In the circumstances, the amount of Rs.1500/- per month as interim maintenance during pendency of divorce petition, even if the maintenance of Rs.600/- per month under Section 125 Cr.P.C. is taken into account, is not on a higher side.The amount of Rs.2100/- is hardly sufficient for living a decent life.
The writ petition is dismissed with directions that the amount of Rs.25,000/- deposited by the petitioner in the court below will be paid over to respondent-wife. In addition, she will also be entitled to receive maintenance at the rate of Rs.1500/- per month and the entire arrears and costs quantified at Rs.3,000/-. If the amount has not been paid so far, the entire arrears will be paid over to the respondent- wife within a period of two months from today. The divorce petition will be decided expeditiously, if possible within a period of six months. If there is any default in payment of interim maintenance, the directions to decide the divorce suit expeditiously, will be ignored by the trial court and the suit will be decided in accordance with period give to such cases in his court with proceeding to recover the arrears of maintenance.
Order Date :- 16.7.2010 nethra