NITESH Vs. AARTI
LAWS(RAJ)-2020-3-89
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Decided on March 23,2020

NITESH Appellant
VERSUS
Aarti Respondents


Referred Judgements :-

NEETA RAKESH JAIN VS. RAKESH JEETMAL JAIN [REFERRED TO]
BHUWAN MOHAN SINGH VS. MEENA [REFERRED TO]
REEMA SALKAN VS. SUMER SINGH SALKAN [REFERRED TO]


JUDGEMENT

- (1.)These two appeals arising out of order dated 20.9.19 passed by the Family Court No.2, Kota in Civil Misc. Case No.94/19, were heard together and are being disposed of by this common order.
(2.)The Appeal No.56/2020 has been filed by the appellant Nitesh Agarwal (husband) assailing the order granting maintenance pendente lite to the respondent (wife) a sum of Rs.40,000/- for herself and Rs. 15,000/- each for two minor children Darsh and Mihit whereas, the appeal No.99/2020 is filed by the appellant Smt. Aarti for enhancement of the amount of maintenance pendente lite awarded by the Family Court.
(3.)The facts relevant are that Shri Nitesh Agarwal (husband) filed a petition against Smt. Aarti (wife) seeking divorce under the provisions of Section 13 of the Hindu Marriage Act, 1955 (for short "the Act of 1955"). During the pendency of the petition, the wife filed an application under Sections 24 & 26 of the Act of 1955, claiming maintenance pendente lite from the husband a sum of Rs.2,00,000/- per month for herself and Rs.1,00,000/- each for her two minor sons Darsh and Mihit. That apart, she claimed litigation expenses a sum of Rs.3,00,000/- in lump sum. The wife averred in the application that she has no source of income, whereas as per income tax return, the husband is earning Rs.26,52,082/- per annum, however, his actual income from the firm Sitaram Radhakishan is Rs.80,00,000/- per month and he is also earning Rs.2,00,000/- per month as rental income from a multi-storey commercial building situated in Scheme No.54, Indore. The details of immovable properties owned by the husband and his bank balance were also set out in the application filed. No reply to the application preferred by the wife as aforesaid was filed by the husband, however, an application was filed on his behalf disclosing his income during the assessment years 2014-15, 2015-16 and 2016-17 as Rs.9,03,689/-, Rs.14,77,568/- and Rs.10,29,901/- respectively and taking a specific stand that keeping in view the details of the income furnished if appropriate order is passed by the Court awarding maintenance to his wife and minor children, he has no objection.


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