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Judgment
Dwarka Dhish Bansal, J
This miscellaneous petition has been preferred by the petitioner/husband challenging the order dated 08.05.2023 passed by Principal Judge, Family Court, Satna in case no.RCSHM/247/2020 whereby, in the pending proceedings under Section 13 of the Hindu Marriage Act, 1955 learned Court on the application of the respondent/wife filed under Section 24 of the Hindu Marriage Act has ordered to pay an amount of Rs.2000/- per month to the respondent from the date of application i.e. 10.02.2021 till the decision of main case.
Learned counsel for the petitioner submits that while passing the impugned order, learned Court has not considered that the respondent/wife is getting an amount of Rs.3000/- per month in the proceedings under Section 125 of Cr.P.C. and the learned Court below while passing the order has not adjusted the amount already awarded to the respondent in the proceedings under Section 125 Cr.P.C. He further submits that mother and father are dependent on the pension of the petitioner, therefore, learned Court below should not have passed the impugned order.
Heard learned counsel for the petitioner and perused the impugned order and the documents available on record.
As per arguments advanced on behalf of the petitioner, the petitioner/husband is getting Rs.14,364/- monthly pension being retired Army person. However, other sources available with the petitioner are not clear on record.
As such, in my considered opinion, even if the petitioner is getting Rs.14,364/- monthly pension, then also total amount of Rs.5,000/- awarded in favour of the respondent/wife in the proceedings under Section 125 of Cr.P.C as well as in the proceedings under Section 13 of the Hindu Marriage Act, cannot be said to be excessive as against the amount of Rs.14,364/-.
As such, declining interference in the impugned order, this miscellaneous petition is dismissed.
Interim application(s), if any, shall stand dismissed.