Writ Petition No.11465/2010
25.8.2010
Shri Sajidulla Khan, Advocate for the petitioner.
This petition is directed against the order dated 5.5.2010 by
First Additional Principal Judge, Family Court, Jabalpur in Case
No.286-A/2009 by which an amount of Rs.1000/- per month was
fixed for maintenance pendent lite and Rs. 1000/- by way of
litigation expenses.
Learned counsel for the petitioner submitted that the
respondent is Shiksha Karmi and is earning Rs. 8,000/- to 10,000/-
per month salary. She is able to maintain herself. The trial Court
wrongly held that there is no material in this regard and by rejecting
the objection, directed payment of aforesaid amount.
On being questioned, is there is any material with the
petitioner to show that infact respondent is working has Shiksha
Karmi. Learned counsel for the petitioner submitted that there is no
specific material in this petition.
The impugned order was passed on 5.5.2010 and after near
about 3 months, this petition has been filed. In the meantime there
was sufficient time to the petitioner to place material in this regard
in support of his contention. Apart from this petitioner is an R.M.P.
Doctor though in he has mentioned himself as labour. Before the
trial court it was specifically mentioned by the respondent that
petitioner is R.M.P. Doctor and is earning substantial amount which
was considered by the trial court and directed for payment of
aforesaid amount.
Thus, we find no merit in the petition and it is dismissed. At
this stage it is submitted that Family Court be directed to decide the
matter expeditiously. The petitioner has already filed his written
statement. Considering aforesaid, in the interest of justice, we direct
the First Additional Principal Judge, Family Court, Jabalpur to
expedite the hearing of case and shall make an endeavour to decide
it expeditiously, as far as possible, within a period of eight months
from the date of communication of this order. No order as to costs.
(Krishn Kumar Lahoti) (S.C. Sinho)
Judge Judge
RC*