Gaurav Gulati vs Gita Pravin

Aruna Suresh, J.

CM No. 12133/2009 (U/Ss 24 and 26 of Hindu Marriage Act)

By way of this application, respondent has sought interim maintenance for herself and her minor daughter Sanjivni during pendency of the appeal.

Learned counsel for the appellant has submitted that carry home salary of the appellant is only about Rs. 40,000/- per month, whereas respondent who is employed as a Government School Teacher is earning about Rs. 31,000/- per month. Therefore, she is equally responsible to share the expenses of the daughter. He submits that as per fee structure of the school where she is studying, only about Rs. 5,000/- a month is spent on her education. He has also pointed out that as per the fee receipt for the month of March 2009, net payable amount was Rs. 2,583/-, round figure being around Rs. 3,000/-. He has submitted that appellant is ready to pay Rs. 6,000/- per month for the educational expenses of his daughter.

Learned counsel for the respondent has submitted that monthly salary of the appellant is around Rs. 54,000/- and the child is entitled to live up to the status of her parents and therefore, offer made by the appellant is unreasonable.

Since respondent is employed for gain and is earning about Rs. 31,000/- per month, she is not entitled to claim any maintenance for her u/s 24 of the Hindu Marriage Act (hereinafter referred to as the ''Act'').

When application was filed, daughter Sanjivni was a student of 9th class and now she must be in 10th standard. She is studying in Sadhu Vaswani International School for Girls, Shanti Niketan, New Delhi. Fee receipts placed on record pertain to the Academic Session 2009-2010. Besides her fee, she needs books and stationery to pursue her studies. List of books for the year 2009-2010 indicate that total cost of books and stationery for 9th class was around Rs. 1,300/- besides her school uniform etc. Apart from the expenses on fee, books, uniform etc., child is also being provided with tuitions, computer education and cal labs and she also needs money to meet her daily expenses, medical expenses and other curricular activities. Respondent has claimed total expenses incurred on the child every month as Rs. 24,000/-.

As pointed out above, parents of the child are well placed in their career and their total emoluments come to about Rs. 85,000/- per month. Even if deductions made from their salaries is taken into consideration, their consolidated net income is around Rs. 70,000/- per month. Child is entitled to live according to the status and standard of her parents which she would have enjoyed if she was living with them. Now, she is a student of 10th class. Considering inflation in the market over the last about two years, her educational expenses and other expenses must have increased.

Father, the appellant having net income of Rs. 40,000/-per month is in a comfortable position to maintain his daughter properly and provide her with an honourable living. True that, expenses of the child are to be shared by both the parties. Under these circumstances, considering consolidated income of the parties, individual income of the appellant and keeping in mind the fact that girl is growing up, studying in 10th class and she needs more financial assistance to pursue her studies, it would be reasonable if appellant pays Rs. 10,000/- per month for maintenance of the child inclusive of her educational expenses. Other expenses on food, clothing etc. shall be borne by the respondent i.e. the mother.

Hence, I hereby award maintenance at the rate of Rs. 10,000/- per month to minor daughter Sanjivni with effect from the date of filing of the application i.e. 26th August, 2009. Petitioner shall clear the arrears of maintenance within one month and shall continue to pay maintenance as awarded by 10th of each English Calendar month till final disposal of the appeal on merits. Application stands disposed of.