Jagdish v. Smt. Nanda

HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 131 of 2018 Jagdish S/o A. Bairagi, aged about 32 years, R/o 11-D, Street No. 27, Sector-5, Bhilai, Tahsil and District Durg (Chhattisgarh).

---- Applicant

Versus

Smt. Nanda W/o Jagdish, aged about 29 years, R/o 49-33-30, A Ramakrishna Nagar, Near Mathura Nagar, Vishakhapatnam, (A.P.).

---- Non-applicant ------------------------------------------------------------------------------------------- For Petitioner :

Shri Sanjay Patel, Advocate.

For Respondent :

Shri C.J.K. Rao, Advocate.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 30.01.2019 Heard.

1.

The present petition is for review of the order dated 05.09.2018 passed in F.A. No.71/2005 (Smt. Nanda vs. Jagdish) granting Rs.15,000/- per month to the wife as permanent alimony and also 30% of the amount of pensionary benefit which is to be paid to the wife.

2.

It is contended by learned counsel for the applicant that the applicant/husband is getting net salary of Rs.18129/- after deduction from his gross salary of Rs.62,350/-, therefore, it is extremely difficult for him to pay Rs.15,000/- per month to the non-applicant. 3.

The respondent/non-applicant which is present in the Court contended that she may be given monthly amount as maintenance and she has also not been paid the dues amount of Rs.5 Lacs which was ordered by the Family Court, Vishakhapatnam and also while contesting for years she has not been paid the monthly annulment maintenance.

4.

Perused Annexure-A/2 which is the salary slip of the applicant. From the perusal of the salary slip it shows that the gross salary of

the applicant is Rs.62,350/- per month and total deduction of Rs.44401/- is deducted at the Will of the applicant who gets the salary. Even if the entire amount is getting deducted it does not mean that no montly maintenance is required to be paid to the wife. It is for the husband to adjust the amount as out of Rs.62,530/- an amount of Rs.15,000/- has been granted by this Court to be paid to the wife per month.

5.

After going through the record, I do not find any reason exists so as to interfere with the order under review. Accordingly, the review petition is dismissed.

Sd/- (Goutam Bhaduri) Judge Priyanka