Sunday, July 13, 2014

1000 INTR maint becomz 6000 ! Hubby's Gross Sal 25000 Has elderly parents &loan! Why marriage=money in India !

* ablaa files DV case
* Learned Magistrate granted interim maintenance Rs.1,000/- p.m. (magistrate = lower cocurt)
* Obviously matter goes on appeal
* Per certificate gross salary of Mr. Tapan Mehra (husband) = Rs.23,577/- in year 2012
* H.C. assumes presently is should not be lesss than 25 000 in year 2014 !!
* Hubby argues parents living with him & has loan from bank, he is paying instalments.
* In the opinion of this Court, this argument is not sustainable at all !!!!
* so Hc increases maint to Rs 6000 pm !!!... yeah 1000 /or/ 2000 becomes 6000 !!!

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Smt. Hem Lata, (applicant) vs Mr. Tapan Mehra (respondent)  on 9 July, 2014

C482 1062/2013

Hon'ble Servesh Kumar Gupta, J.

Mr. Pankaj Sharma, Adv. assisted by Mr. Sandeep Tiwari, Adv. for the applicant.
Mr. B.S. Parihar, Adv. for the respondents.

Having heard the learned counsel for either party, it appears that spouses are living in segregation on account of matrimonial discord between them. The wife instituted a petition on 09.11.2012 under the Protection of Women from Domestic Violence Act, wherein application was moved on 21.12.2012 seeking interim maintenance. Learned Magistrate granted the interim maintenance only to the tune of Rs.1,000/- per month with effect from the date of passing the order. The said order was appealed and the learned Appellate Judge enhanced the amount of maintenance from Rs.1,000/- to Rs.2,000/- per month from the date of passing the order by the Court of Magistrate. ; ;

It is pertinent to mention that as per the certificate issued by concerned officer, the gross salary of Mr. Tapan Mehra (respondent) was Rs.23,577/- on 18.09.2012, which, at present, should not be less than Rs.25,000/- per month. Learned counsel for the respondents has argued that his parents are living with him and he also purchased a piece of land after borrowing loan from the bank, wherefor he is paying the instalments. In the opinion of this Court, this argument is not sustainable at all and is accordingly rejected. Having regard to entire facts and circumstances of the case, the Court hereby directs the respondent- husband to pay interim maintenance @ Rs.6,000/- per month to Smt. Hem Lata, (applicant) since the date of moving of the application i.e. 21.12.2012. The arrears will be paid in reasonable instalments to be settled by Drawing and Disbursing Officer and this amount, so awarded by the Court, be deducted from the salary of Mr. Tapan Mehra and in turn, will be sent to the applicant Smt. Hem Lata in the form of bank draft. ; ;

The petition is disposed of accordingly.

(Servesh Kumar Gupta, J.)




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