Parkash Lal v. Vidya Devi




   
 
      

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!$ (₹ 3,000 per month.

2.

Learned counsel for the petitioner has contended that the petitioner is a senior citizen, aged about 70 years, and is living in a rented accommodation. He is also suffering from some medical issues. The amount of maintenance awarded to the respondent-wife is on a higher side and he is not in a position to pay the same.

3.

A perusal of the order passed by the trial Court shows that the petitioner is a pensioner getting around ₹ 29,000 per month, based on that the amount of maintenance has been awarded. The fact is not disputed by learned counsel for the petitioner. Merely because the petitioner is suffering from ailments, it is no ground to avoid payment of maintenance, especially when he has a steady income. Besides, there is no evidence on record which could establish that the respondent-wife has any source of income. Therefore, the amount of maintenance awarded cannot be termed on a higher side.

4.

In view of the facts stated above, no ground to entertain the PAYAL 2023.03.15 16:10 I attest to the accuracy and integrity of this order/judgment

CRR No.(F) 357 of 2023 [2] petition is made out.

5.

Dismissed.     012 13!      245 +)167&'&" "

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1 PAYAL 2023.03.15 16:10 I attest to the accuracy and integrity of this order/judgment