AI Structured Summary
Not yet generated for this judgment
Judgment
D.B. Civil Misc. Application No.1833/2018:
For the reasons mentioned in the application delay in filing the appeal is condoned.
The application is allowed.
D.B. Civil Misc. Appeal No.4076/2018:
Heard learned counsel for the appellant.
The grievance of the appellant against the impugned judgment dated 06.06.2018 awarding the wife monthly maintenance in sum of `8,000/-, `11,000/- towards litigation expenses and `500/- per Court hearing is that firstly the income of the appellant treated to be `20,000/- is without any basis. Secondly sums awarded to the wife under Domestic Violence Act have not been adjusted. Lastly to the litigation expenses and daily hearing expenses directed to be paid.
The respondent is maintaining a minor child aged three years. Impugned order clearly records that any amount payable by the appellant to the respondent under any other order would be adjusted from the maintenance awarded as per the impugned order.
As regards appellant's grievance that the impugned order records no reasons to treat appellant's monthly income to be `20,000/-, we find that the impugned order records good reasons. As per the wife the appellant was working with a company HCL. The appellant is an Engineer. The appellant withheld his salary slips. The appellant claimed that he had left service with HCL company and was unemployed. The learned Judge, Family Court has disbelieved the same.
We agree with the view taken by the learned Judge, Family Court. Under no circumstances income of the appellant would be less than `20,000/- per month. `8,000/- per month as maintenance to the wife and the minor child is thus justified. `11,000/- for litigation expenses is also justified. Lawyers charge fee for drafting pleadings of the parties. `500/- per hearing is justified for the reason the wife has to travel to the Court to attend Court proceedings.
There is no merit in the appeal which is dismissed.