Chainaram Soni v. Smt. Shreedevi Soni

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 1035 of 2016 Chainaram Soni S/o Amonaram Soni Aged About 33 Years R/o Rakesh Jewellers Mohba Bazar District Raipur Chhattisgarh ---- Applicant

Versus

1. Smt. Shreedevi Soni W/o Chainaram Soni Aged About 28 Years R/o Dhemarpara Soni Gali District Durg Chhattisgarh

2. Sawai Soni S/o Chainaram Soni Aged About 7 Years Through Legal Guardian Mother Smt. Shridevi Soni, R/o Dhemarpara Soni Gali District Durg Chhattisgarh ---- Respondents Shri Ajay Mishra, counsel for the petitioner/s. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/11/2016 This revision is preferred against order dated 01/10/2016 by which, the Family Court has awarded interim maintenance of Rs.6,000/- to the wife and the son.

2.

Learned counsel for the applicant submits that though the applicant is prepared to pay some amount as interim maintenance, direction to pay Rs.6,000/- is on higher side.

3.

The applicant has not disputed the factum of marriage and parentage. The Court has awarded Rs.6,000/- taking into consideration that the applicant carries out business of jewelery. The shop is said to be in the name of the father of the applicant. Therefore, considering this aspect of the matter, at this stage, it is difficult to accept the contention that the applicant does not have any means towards payment of interim maintenance to his wife and seven year old son. 4.

Therefore, I am not inclined to interfere with the impugned order. The revision is accordingly dismissed. However, it will be open for the applicant to apply

for variation / modification in the impugned order by placing on record any other substantial material to satisfy that his financial condition is not very sound and if such application is moved, the Family Court shall consider the same. Sd/- (Manindra Mohan Shrivastava) Judge Deepti