Mohammad Hussain v. Smt. Jaismeen Hussain

HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 892 of 2017 Mohammad Hussain S/o Shri Ahmad Hussain, Aged About 36 Years Occupation Group D Employee In Railway Service, Office Address Signal & Telecom ( S & T ), Construction Office, Near Railway Zone, South East Center Railway Bilaspur, Police Station Torwa, Tahsil & Distict Bilaspur, Chhattisgarh, R/o New Loco Colony Bilaspur, Police Station Sirgitti, District Bilaspur (C.G.) ---- Applicant

Versus

Smt. Jaismeen Hussain W/o Shri Mohammad Hussain, Aged About 29 Years R/o New Loco Colony, Quarter No. 20/2, Near Marimai Mandir, Sirgitti, Police Station Sirgitti, Tahsil & District Bilaspur, Chhattisgarh (C.G.) ---- Respondent For applicant - Shri Rishi Rahul Soni, Advocate. Hon'ble Shri Justice Goutam Bhaduri Order 19/09/2017 1.

Heard.

2.

Instant petition is against the order dated 24/07/2017 passed by the Additional Principal Judge, Family Court, Bilaspur wherein the applicant have been directed to pay an amount of Rs.4000/-per month to the respondent as an interim maintenance from 24/07/2017. 3.

Perusal of the order dated 24/07/2017 prima facie it was showed that the applicant used to get salary of Rs.13000-14000/- per month after deduction and while passing the order court considered the primary statement of the respondent/wife and has directed to pay an amount of Rs.4000/- per month. Further taking into such amount, I do not find it to be exorbitant considering the price index which is

prevailing in the society as relation inter-se between the parties it is not been disputed. Further in view of Section 19 (4) of the Family Court Act, order of interim maintenance being interlocutory in nature, same petition before this court is not tenable and accordingly the revision is dismissed.

Sd/- (Goutam Bhaduri) JUDGE gouri