Friday, October 4, 2013

hubby asked to pay 25000 pm INTERIM maint with arrears since Jan 2010. How many lakhs is this? Interim maint killing Indian husbands ; wife claiming to have left her employement on her own will, as she was feeling sooo in secure, the poor abla naaari she is

hubby asked to pay 25000 pm INTERIM maint with arrears since Jan 2010. How many lakhs is this? Interim maint killing Indian husbands ; wife claiming to have left her employement on her own will, as she was feeling sooo in secure, the poor abla naaari she is 


Notes
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* both husband and wife highly qualified
* husband says he is unemployed (but court feels he is employed )
* wife claiming to have left her employment on her own will, as she was feeling sooo in secure, the poor abla naaari she is 
* so ...to meet the interests of justice the court says pay rs 25000 per month
* and further it says pay arrears since 2010 !!!
* now those who are good at maths may please tell me how much is the arrears !! 


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CASE FROM JUDIS / INDIAN KANOON WEB SITE 
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ORISSA HIGH COURT

Saurav Ranjan Lenka vs Sanghamitra Mohanty on 24 July, 2013

ORISSA HIGH COURT: CUTTACK

M.A.T.A. No.4 of 2012

From an order dated 18.2.2011 passed by the learned Judge, Family Court, Bhubaeswar in C.P. No.310 of 2010.

**********************************

Saurav Ranjan Lenka ... ... ... Petitioner 

-versus-

Sanghamitra Mohanty ... ... ... Opp.Party

For petitioner : M/s. S.B.Jena,A.Misra & S.Sarangi.
For opp. party : M/s. S.P.Misra, S.Nanda, B.Mohanty, S.S.Kaspanagi, A.K.Dash, S.K.Sahoo, S.Das & S.K.Samantaray

Date of Judgment :24.07.2013

PRESENT:

THE HONOURABLE KUMARI JUSTICE SANJU PANDA

AND

THE HONOURABLE MR.JUSTICE DR.B.R.SARANGI


Sanju Panda,J. In this appeal, the appellant challenges the judgment dated 18.2.2011 passed by the learned Judge, Family Court, Bhubaneswar in C.P.No.310 of 2010 in an application filed under Section 18 of the Hindu Adoption of Maintenance Act directing the appellant to pay Rs.25,000/- per month as maintenance to the respondent-wife from the date of application i.e. from 18.1.2010 with further direction to pay the arrear maintenance to her within three months and the current maintenance by 10 th of each succeeding months with cost.          http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

2. The application under Section 18 of the Hindu Adoption and Maintenance Act was filed before the learned Civil Judge (Senior Division), Bhubaneswar initially and thereafter it was transferred to the file of Judge, Family Court, Bhubaneswar on 22.12.2010. The appellant did not file his written statement as he was not aware about transfer of the aforesaid case from the court of learned Civil Judge (Senior Division), Bhubaneswar to the file of learned Judge,Family Court, Bhubaneswar. While the matter stood thus, the application was taken up on 18.3.2011 in absence of the appellant setting him ex parte on the same day and on the same day the respondent- wife and her father were examined and the ex parte judgment was passed directing the appellant to pay maintenance as stated earlier. After coming to know about passing of the ex-parte judgment, the appellant through his counsel obtained the certified copy of the order of the ex parte judgment and filed an application under Order-9, Rule, 13 C.P.C. for setting aside the ex-parte judgment, which was registered as CMA No.36 of 2011 along with the evidence on affidavit in support of his plea. However, the court below deferred the CMA No.36 of 2011 and proceeded with the Execution Case No.17 of 2011, which was filed by the respondent-wife in the meantime.            http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

3. It is submitted by the learned counsel for the appellant that he has filed an application taking a plea that at the time of passing the impugned judgment he had no income, as he had already left the job since 23.10.2008. In support of his contention, he has also filed certificate copy of the order issued by his ex-employer. It is further contended by the appellant that the respondent-wife is also a Software Engineer and she is engaged in a reputed company styled "Kotak Mahindra Bank" and getting a handsome salary for her maintenance. On 15.12.2011, the court below, without considering of those facts, directed the appellant for payment of arrear maintenance so also the current maintenance directing his ex-employer to deduct the said amount from his salary and report compliance. It is also submitted by the learned counsel for the appellant that the appellant on 22.4.2008 filed an application under Section 13(1) of the Hindu Marriage Act against the respondent-wife before the learned Judge, Family Court L.B. Nagar at Hyderabad for dissolution of the marriage. The said application was registered as F.C.O.P.No.2 of 2008 and by virtue of the order of the apex Court, the said case was transferred to the Family Court, Bhubaneswar, where it has been re-numbered as C.P.No.522 of 2011 and the case is pending disposal. In view of the above background, the appellant has filed the present appeal challenging the impugned judgment. 4 Learned counsel for the respondent-wife submitted that the respondent-wife is unemployed having no source of income and she is facing much hardship in her day-to-day life to contest the proceeding and therefore, maintenance is necessary for her sustenance. Even if application was filed in the year 2008, as yet, not a single pie has been paid to her with an ulterior intention to torture and harass her. The respondent-wife was working in a private organization at Mumbai initially and she left the said job as she felt insecure to stay alone at Mumbai and therefore at present she is staying at Bhubaneswar having no source of income. The appellant is working as a Senior Manager in a reputed company styled as "M.N.C. Capgemini India Pvt. Ltd." A-1 Technology Park, MIDC, Talwadu, Pune, Maharashtra and is getting handsome salary of Rs.15,23,322/- per annum , and it comes to Rs.1,26,934/- per month excluding other allowances and emoluments and the salary statement of the appellant issued by the Income Tax Department is annexed along with an affidavit filed by the respondent/wife in Court. He further submitted that, in view of the above, the respondent-wife is entitled to 1/3 rd salary of her husband as maintenance, which is above Rs.30,000/- and, therefore, rightly the Family Court has passed the order directing to pay Rs.20,000/- as maintenance during pendency of the application filed under Section 13(1),C.P.C. before the Family Court.             http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/ 

5. Considering the rival submission of the parties and after going through the record, it appears that conciliation between the parties having failed, there is no possibility of reunion. Both the parties are highly educated and both of them are above 30 years of age. As it appears the wife is not in service and the husband is continuing in service having sufficient income. Taking into consideration of status of the parties, since the court below has fixed the quantum of maintenance at Rs.25,000/- per month and it is fair and reasonable, therefore, this Court is not inclined to interfere with the impugned judgment. However, the Family Court, Bhubaneswar is directed to dispose of the application filed under Section 13(1), of the Hindu Marriage Act as expeditiously as possible and as the parties have appeared before this Court through their counsel, they are directed to appear before the Family Court, Bhubaneswar on or before 20th August, 2013 on which date the Family Court will fix a date for hearing of the application filed under Section 13 of the Hindu Marriage Act and conclude the same in accordance with law within a period of two months thereafter. It is also directed that before hearing of the application under Section 13 of the Hindu Marriage Act, the appellant shall clear up all the arrear maintenance.

With the aforesaid direction, the appeal is disposed of.


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S. Panda,J.

Dr.B.R.Sarangi ,J. I agree

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Dr.B.R.Sarangi,J

Orissa High Court, Cuttack.

The 24th July,2013/sks







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