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CA/6911/2004 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION NO. 6911 OF 2004
In
FIRST
APPEAL NO. 1723 OF 2004
==============================================================
RITABEN
ASHWINKUMAR PARMAR - Applicant(s)
Versus
ASHWINKUMAR
MANILAL PARMAR - Opponent(s)
==============================================================
Appearance
:
MR.
JAYESH A. DAVE for
Applicant(s).
MR. H.R. PRAJAPATI for
Opponent(s).
=====================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.S.GARG
and
HONOURABLE
MR.JUSTICE K.M.MEHTA
Date
: 10/10/2005
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.S.GARG)
1. The
parties are heard.
2. This
is an application under Section-24 of the Hindu Marriage Act, 1955
seeking interim maintenance.
3. The
wife has submitted that as her husband’s salary is Rs.13,000/- plus,
the Court be pleased to award a sum of Rs.5,000/- per month towards
the interim maintenance during pendency of the appeal. It is also
submitted that the Court below, in a most cruel and indecent manner,
awarded a sum of Rs.30,000/- towards permanent alimony, less
realising that the interest at the
present Bank’s rate would be hardly Rs.150/- per month, that would be
Rs.5/- per day and in a sum of Rs.5/- per day, it is impossible to
maintain even a pet. It is also submitted that if Rs.5,000/- are
needed and the said amount is used by the wife out of the permanent
alimony, then, the total amount of permanent alimony would exhaust in
six months and she would be left with nothing and will have to go
for vagrancy.
4. Learned
Counsel for the respondent-husband has filed an affidavit of the
husband opposing the application. It is submitted in the affidavit
that the gross salary is Rs.13,753.74, out of which the total
deductions are Rs.7,896.94 and his take home salary is Rs.5,855.31;
out of the said take home salary, he has to maintain his old and
infirm father, the wife, with whom he has married after grant of
decree of divorce, and the son begotten out of the second marriage.
5. Prima
facie, the submission of the Counsel for the respondent-husband
about the deduction of Rs.7,896.94 from the gross salary appears to
be reasonable and lucrative, but, if a close scrutiny is made against
the items of deductions, then, it would clearly appear that except
Rs.333/- deducted towards income tax and Rs.886/- deducted towards
provident fund, which are the standard deductions, all other
deductions are towards the earlier loan taken by the husband or
towards the interest of the loan taken by the husband. The moment a
person takes a loan, then, he virtually withdraws the salary in
advance and pays interest on it. The deduction from the future
salary has to compensate what has been withdrawn by the husband in
advance. If, out of the take home salary, the husband wants to pay
for LIC premium, housing loan, supplementary loan and the loan taken
from the credit society, then, he can’t be allowed the luxuries to
have everything in the life and say before the Court that his take
home salary is so low that he can’t pay reasonable amount to the
wife.
6. It
was submitted by the parties that on an earlier occasion, the wife
had demanded a sum of Rs.1.75 lakhs towards permanent alimony with an
undertaking or assurance to withdraw the appeal, but, the husband
only wanted to pay a sum of Rs.1 lakh in
lump sum. We asked Mr.Prajapati to seek
further instructions from the respondent, who was present in the
Court, but, the respondent says that he would prefer to pay the
monthly alimony and not a sum of Rs.1.75 lakhs, as demanded by the
wife.
7. Left
with no choice, we grant the application with a direction that from
the date of the application, the husband shall pay a sum of
Rs.2,500/- per month to the wife towards maintenance. If the husband
does not pay this amount to the wife directly or through the agency
of the Court, then, the wife shall be entitled to submit an
application to the employer of the husband, along with a copy of
this order for making particular deductions in the salary and for
paying the amount to the wife, until further orders from this Court.
The application is allowed. Rule is made absolute. No costs.
[R.S.Garg,
J.]
[K.M. Mehta,
J.]
kamlesh*
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