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Neutral Citation No. - 2025:AHC:6712-DB Court No. - 29 Case :- FIRST APPEAL No. - 139 of 2024 Appellant :- Vinod Kumar Respondent :- Sangita Devi Counsel for Appellant :- Bal Mukund Singh,Surya Dev Counsel for Respondent :- Sunil Kumar Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. This appeal is directed against an order passed by the Principal Judge, Family Court, Mirzapur, dated 23.1.2024, whereby maintenance has been awarded to respondent wife at the rate of Rs.8,000/- per month during pendency of the proceedings under Section 13 of the Hindu Marriage Act, 1955. Consolidated litigation cost has also been awarded to respondent wife amounting to Rs.31,000/-. 2. Parties admittedly solemnized their marriage as per Hindu customs and traditions on 09.05.2017. It is alleged that less than two months later the wife started living with her parents and despite the petition instituted under Section 9 of the Act of 1955 for restitution of conjugal rights she has not joined the matrimonial house. It is then alleged that proceedings under Section 13 of the Act of 1955 have been instituted. During pendency of such proceedings maintenance has been awarded to respondent wife vide order impugned. Appellant husband is a Group D employee in the Indian Railways and his basis salary is Rs.20,000/- per month. 3. Factum of marriage between the parties is not disputed. Once that be so, the obligation on part of the appellant husband to maintain respondent wife cannot be questioned. Award of Rs.8,000/- towards maintenance, in the facts and circumstances, cannot be said to be exorbitant and arbitrary, particularly when respondent wife is not shown to be employed or she has any separate monetary income. Award of Rs.8,000/- as maintenance cannot be said to be excessive, particularly when the appellant husband's basic salary is Rs.20,000/- per month. 4. In view of the aforesaid, no interference by this Court is called for. Appeal is devoid of merit and is, accordingly, dismissed. 5. It goes without saying that the pending proceedings under Section 13 of the Act of 1955 would be dealt with on its own merits, expeditiously. It is, moreover, provided that if the maintenance amount pursuant to order impugned has remained unpaid to respondent wife it shall be open for her to move an application for execution of such order before the competent forum and the court concerned shall pass appropriate orders in that regard, expeditiously.
Order Date :- 15.1.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad