Chattisgarh High Court
Smt. Deepa Agrawal vs Anand Agrawal 41 Fa(Mat)/52/2020 Sunil ... on 24 February, 2020
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
FA(MAT) No. 58 of 2019
Smt. Deepa Agrawal Versus Anand Agrawal
24-02-2020 Shri Hemant Kumar Agrawal, counsel for the appellant.
Shri Sanjay Agrawal, counsel for the respondent.
The appellant/wife has moved three applications under Section 23, 24 and 25 of the Hindu Marriage Act.
Prayer has been made for grant of maintenance pendente lite by submitting that during the pendency of the case before the trial Court also, as the wife was found unable to maintain herself, she was awarded interim maintenance of Rs. 3,000/- per month by the trial Court.
As far as prayer for grant of maintenance for the education and other requirements of minor daughter Samriddhi Agrawal aged 15 years and minor son Adarsh Agrawal aged 12 years is concerned, prayer is made that appropriate amount be also awarded as the children are growing and there growing need including their education requirements, sufficient funds should be provided by respondent/husband during the pendency of the present appeal.
Learned counsel for the respondent though does not deny his liability for payment of maintenance, he would submit that in proceedings under Domestic Violence Act, 2005, an amount of Rs. 4,500/- has already been awarded to the appellant/wife which is sufficient for her own maintenance and for maintenance of two children.
Having considered submission learned counsel for the parties, and the present requirements of a growing daughter and the son aged 15 and 12 years respectively as also be personal needs of the appellant/wife who is not earning anything, it would be proper to award Rs. 5,000/- per month to the wife for her maintenance. Each of the children namely Samriddhi Agrawal and son Adarsh Agrawal aged 12 years would be entitled to necessary amount of maintenance to meet their educational expenses to the tune of Rs. 2,500/- payable in respect of each of them.
Considering that there is already an order for grant of maintenance under the provision of the Domestic Violence Act, 2005 in proceedings drawn under Domestic Violence Act, 2005, it is ordered that the amount of Rs. 5,000/- will be liable to be adjusted only when the respondent actually deposits the entire arrears of the amount payable under the order passed by the Magistrate in proceedings under the Domestic Violence Act, 2005. If that is not done, the appellant/wife shall be entitled to Rs. 5,000/- per month during the pendency of the appeal.
As far as the application under Section 25 for grant of permanent alimony is concerned, the same shall be considered at the time of final hearing.
After hearing learned counsel for the parties and the prayer made by learned counsel for the respondent, we are inclined to explore possibility of amicable settlement, if any, before proceeding to decide the matter on its own merits. For this purpose the parties may remain present on 07 April, 2020.
List this case on 07 April, 2020.
Sd/- Sd/-
(Manindra Mohan Shrivastava) (Vimla Singh Kapoor)
Judge Judge
Pawan