Puneet Rajput vs Poonam Rajput

Being aggrieved by the order dated 01.05.2023 passed by the 2nd Additional Principal Judge, Family Court, Raipur, District Raipur in Case No.293/2022 whereby, the interim maintenance to the tune of Rs.7,500/- per month has been awarded to the Non-Applicant/wife, this Revision has been preferred.

Learned Counsel for the Applicant submits that the order impugned is erroneous as a proceeding under Section 24 of the Hindu Marriage Act in Case No.661/2020 is already pending before the 3rd Additional Principal Judge, Family Court, Jabalpur in which, vide order dated 02.05.2023, the said Court had also ordered the Applicant to pay maintenance to the tune of Rs.5,000/- per month to the Non-Applicant/wife and it has also been observed therein that the said amount shall be set off/adjusted with the maintenance amount, if any, granted to the wife in any other statute. He further submits that in the instant case, the Non-Applicant/wife had filed an application under Section 125 Cr.P.C in which, on 01.05.2023, the learned Family Court had fixed interim maintenance to the tune of Rs.7,500/- per month though the said Court had assessed the interim maintenance differently. He further submits that recently, the Applicant had resigned from the post of Manager-Business, City Sales w.e.f. 10.06.2023 and a copy of e-mail sent by E veryone@ibc24.in has been annexed herewith. He further submits that at the time of passing of the order, the Applicant was an employee in a private company earning Rs.35,000/- per month and after deducting his own expenses, he had no savings as he has a liability to maintain his old parents also, therefore, prays to allow the Petition and set aside the order impugned or reduce the interim maintenance suitably.

Heard learned Counsel for the Applicant and perused the documents annexed herewith carefully.

The relation between the Applicant and Non-Applicant is not disputed and both got married to each other on 21.11.2011 as per the social rituals. Thereafter, the Non-Applicant/wife had alleged that she was ousted from her matrimonial house for which, she had also made a complaint before the police station on 20.06.2020 alleging that she has no source of income though the Applicant had stated that she is getting income to the tune of Rs.15,000/- per month from her consultancy work and was also working as a teacher in a private school namely Ratan Devi Daga School. Apart from this, she also used to impart tuitions of computer and etc and used to earn Rs.10,000/- i.e. total Rs.25,000/- per month. Non-Applicant had alleged that the Applicant is working in IBC 24 News Channel as Marketing Manager and drawing Rs.60,000/- per month and his father is a retired higher official from MPEB drawing a pension of Rs.60,000/- per month, he is having a concrete house admeasuring 2400 sq.ft at villa Gada and also getting rental income, therefore, considering all these aspects, learned Principal Judge had fixed the interim maintenance to the tune of Rs.7,500/- per month and this Court also, considering the fact that the Family Court at Jabalpur earlier on 02.05.2023, after assessing the financial status of the parties by way of an affidavit, fixed the interim maintenance in the said case to the tune of Rs.5,000/- per month and the Family Court, Raipur also, in a proceeding under Section 125 Cr.P.C, fixed the interim maintenance to Rs.7,500/- on 01.05.2023 and on the next date, another Family Court in a different proceeding of divorce, fixed the interim maintenance to the tune of Rs.5,000/- per month and while fixing the same, the mathematical certainty was not expected as the dispute was between the husband and wife, therefore, this Court does not find any error as the Family Court, Raipur, based on the earlier order, fixed the interim maintenance to the tune of Rs.7,500/- per month and therefore, this Court is of the opinion that the subsequent order has to be merged and set off in the said order and the Applicant has to continue to pay the aforesaid interim maintenance amount of Rs.7,500/- per month to the Non-Applicant/wife, till finalization of the main Petition. Ordered accordingly.

Accordingly, the impugned order is affirmed. This Court hopes and trusts that the concerned Court below shall make an endeavour to conclude the trial in an expeditious manner, preferably within a period of 6 months from today.

With the aforesaid observation, the instant Revision stands disposed of.

Let a copy of this order be sent to the concerned Court for necessary compliance.