High CourtsDivision Bench(2012) 07 RAJ CK 0026

Suresh Gurjar vs Smt. Usha Gurjar

Rajasthan High Court · Decided on 9 July 2012 · Citation: (2013) 1 WLN 193

HON’BLE JUDGES
Arun Mishra, C.J · Nirmaljit Kaur, J
CASE NUMBER
Civil Miscellaneous Appeal No. 255 of 2011

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Judgment

2 paragraphs · 177 words

Arun Mishra, C.J.—Considered I.A. No. 2145/2012 filed under Sec. 24 of the Hindu Marriage Act by the respondent wife claiming amount of maintenance. The case set up by the respondent wife is that the income of appellant husband is approximately Rs. 40,000/- per month. In the reply filed to this application, it has been pointed out by the husband that he is working as Constable and drawing salary @ Rs. 6,000/- per month and in the proceedings under Sec. 125 Cr.P.C., the order of maintenance was passed to the tune of Rs. 1,300/- per month and his salary has been attached for compliance of the order passed in restitution proceedings. The case under Sec. 125 Cr.P.C. has been remanded for enhancement of the amount.

2.

However, considering the fact that the appellant is earning Rs. 6,000/- per month as stated in the reply, we deem it appropriate to award a sum of Rs. 2,500/- per month as maintenance. With the aforesaid order, LA. No. 2145/2012 filed under Sec. 24 of the Hindu Marriage Act, stands disposed of.