Narendra Kumar Choudhary vs Diksha Choudhary

Gurpal Singh Ahluwalia, J

This petition under Article 227 of Constitution of India has been filed against order dated 19.12.2023 passed by Second Additional Principal Judge, Family Court, Jabalpur in R.C.S.H.M. No.149/2023 by which interim maintenance of Rs.4,000/- per month has been awarded under Section 24 of Hindu Marriage Act.

It is submitted by counsel for petitioner that petitioner is a Police Head Constable and by impugned order Trial Court has awarded interim maintenance of Rs.4,000/- per month which is on a higher side because respondent herself is working in Make My House Private Limited and her monthly income is Rs.8,000/- to Rs.10,000/-. It is further submitted that petitioner has to look after his ailing mother, who has recently undergone angioplasty.

Heard learned counsel for petitioner.

Petitioner has not filed any document pertaining to disease as well as treatment of his mother. He has not filed any document to show that expenses of treatment of his mother are being borne by petitioner.

5 . However, during the course of arguments it was fairly conceded by counsel for petitioner that father of petitioner is a retired Sub Inspector and is getting pension. Petitioner has filed his pay slip according to which his gross salary is Rs.44,119/- and after deduction his take home salary is Rs.39,048/-.

It is well established principle of law that wife is entitled to enjoy the status which she would have otherwise enjoyed in her matrimonial house.

According to petitioner, wife of petitioner is working in private institution namely Make My Home. Thus, it is clear that job of wife of petitioner is not permanent in nature. Merely because wife of petitioner is serving in a private institution, the same cannot be a ground to refuse the interim maintenance. Even otherwise Trial Court has awarded an interim maintenance of Rs.4,000/- per month which cannot be said to be on a higher side.

Considering the status of petitioner as well as his monthly take home salary and considering the fact that income of wife of petitioner is not sufficient to meet out the daily expenses, this Court is of considered opinion that Trial Court did not commit any mistake by awarding monthly interim maintenance of Rs.4,000/- by way of pendent lite.

Accordingly, no jurisdictional error was committed by Trial Court.

Petition fails and is hereby dismissed.