Vikas Kashyap v. Preet @ Gita Kashyap

HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 693 of 2017 Vikas Kashyap, S/o. Shri Ghansyam Kashyap, Aged About 33 Years, R/o. Shivanand Nagar, Sector-3, Behind Sahu Atta Chhakki Police StationKhamatari, Raipur, Chhattisgarh. ---- Applicant

Versus

Preet @ Gita Kashyap, W/o. Vikas Kashyap, Aged About 29 Years, R/o. Through Vinod Bairani, Puja Atta Chakki, Kavarram Chowk, Katora Talab, Raipur, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Vikram Singh, Advocate For Respondent :

Mr. J.K.Gupta, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board .08.2017 Heard 1.

The instant revision is against the order dated 18.05.2017 passed by the Second Additional Principal Judge, Family Court, Raipur (C.G.) in M.J.C. Case No. 321/2016 whereby an amount of Rs.7000/- has been awarded to the wife/respondent as an interim maintenance.

2.

Learned counsel for the applicant submits that as per the pay-slip, the amount of Rs.22,885/- is being received by the applicant, therefore, the said interim order of maintenance may be set aside. 3.

Perusal of the order would show that the pay-slip was placed before the Court below wherein it was shown that after deduction the applicant is receiving a salary of Rs.83,422/-. Considering the prima facie facts which was before the Court below, the award of Rs.7000/- as interim maintenance cannot be stated to be exorbitant or inflated taking into the price index, which is prevailing in the society. Furthermore, the interim order of maintenance

being interlocutory in nature, the instant revision is not maintainable in view of Section 19(4) of the Family Courts Act, 1984.

4.

In view of the above, the revision has no merit and accordingly it is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok