Purkha Ram vs Chandu

Learned counsel for the appellant has submitted that the Family Court No.3, Bikaner has grossly erred in directing the appellant to pay interim maintenance to the tune of Rs.10,000/-per month to the respondent.

It is submitted that the respondent has left the house of the appellant on her own free will. It is also submitted that earlier also, a false complaint was filed against the appellant by the respondent, however in the said complaint, she entered into a compromise. Learned counsel has also submitted that the only issue of the appellant and the respondent is in custody of the appellant.

Per contra, learned counsel for the respondent has opposed the appeal and submitted that the respondent did not leave the appellant’s house voluntarily, but on account of harassment by the appellant. It is also submitted that the respondent is always ready to live with the appellant and, therefore, application under Section 9 of the Hindu Marriage Act is filed by her. Learned counsel has also submitted that the respondent is not having any means to live a dignified life and, therefore the Family Court No.3, Bikaner has not committed any illegality in passing the impugned order.

Having heard learned counsel for the parties and after going through the material available on record, we are of the opinion that the maintenance amount awarded by the Family Court No.3, Bikaner is on higher side.

In such circumstances, the order dated 23.05.2022 passed by the Family Court No.3 is confirmed with a modification that the appellant shall pay maintenance amount to the tune of Rs.7,000/-per month to the respondent. Rest of the conditions mentioned in the aforesaid order shall remain the same.

It is noticed that this Court, while issuing notices of the present appeal, has directed the appellant to deposit a sum of Rs.10,000/- by way of litigation expenses to be paid to the respondent. The appellant has submitted a demand draft of Rs.10,000/- dated 11.11.2022 and this Court on 09.02.2023 has ordered for handing over the said demand draft to the counsel for the respondent, but it appears that the same has not been received by the counsel for the respondent and in the meantime, the said demand draft has already expired.

In such circumstances, we direct the appellant to deposit a sum of Rs.10,000/- in the bank account of the respondent, in which, he is required to deposit the monthly maintenance amount, details thereof will be supplied by the respondent before the Family Court No.3, Bikaner, where the proceedings of restitution of their conjugal rights are pending.

It is made clear that the order of depositing Rs.10,000/- in the bank account of the respondent is in addition to the monthly maintenance amount, which is to be deposited by the appellant to the tune of Rs.7,000/- per month as observed earlier.

With these observations, the present appeal is disposed of.