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High Court Of ChhattisgarhWP227/921/2017allowed

Smt. Madhavi Yadu v. Sunil Chandra Yadu

2018-08-27Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 921 of 2017 Smt. Madhavi Yadu, Aged about 27 Years, W/o Shri Sunil Chandra Yadu, D/o Shri Kirtanlal Yadu, R/o Through Nandu General Stores, Gol bazar, Rajnandgaon, District Rajnandgaon (C.G.) ----Appellant

Versus

Sunil Chandra Yadu, Age about 37 years, S/o Shri A.R. Yadu, R/o A-16, Centuri Cement Colony, Deendayal Upadhyaya Nagar, Dangania, Raipur, Tahsil & District - Raipur (C.G.) ---- Respondents.

For Petitioner : Shri Yogesh Pandey, Advocate. For Respondent : Shri Shivendu Pandya, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/08/2018 (1) By way of this petition filed under Article 227 of the Constitution of India, the petitioner/wife has challenged to the order dated 06.06.2017 passed by Family Court, Rajnandgaon granting only Rs.500/- towards interim maintenance to the petitioner wife. (2) I have heard learned counsel appearing for the parties and perused the order impugned.

(3) In an application filed by the respondent/husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, the Family Court, on hearing both the parties, has granted Rs. 500/- per month as interim maintenance. In the considered opinion of this Court, the amount of Rs. 500/- awarded by the Family Court as interim maintenance is shockingly on the lower side and deserves to be suitably enhanced looking the price index,

need for food and clothes etc.

(4) Consequently, the amount of Rs. 500/- as interim maintenance awarded the Family Court is enhanced to Rs. 3,000/- from the date of order passed by the Family Court i.e. 6.6.2017 till its actual payment.

(5) The writ petition is allowed in part.

(6) It is made clear that arrears will be paid within a period of 45 days from the date of receipt of certified copy of this order.

(7) However, the Family Court is directed to conclude the trial expeditiously preferably within a period of three months from the date of receipt of certified copy of this order. Sd/- (Sanjay K. Agrawal) Judge D/-