ANJU GARG & Anr. v. DEEPAK KUMAR GARG

1.2 An erroneous and perverse order of Family Court was unfortunately confirmed by the High Court by passing a very perfunctory impugned order. The High Court, without assigning any reasons, passed the impugned order in a very casual manner. This Court would have remanded the matter back to the High Court for considering it afresh, however considering the fact that the matter has been pending before this Court since the last four years, and remanding it back would further delay the proceedings, this Court deemed it proper to pass this order. [Para 12][917-G- H]

1.3 The Court is neither impressed by nor is ready to accept the submission of the respondent that he has no source of income as his party business has now been closed. The respondent being an able- bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child. Having regard to the evidence of the appellant-wife before the Family Court, and having regard to the other evidence on record, the Court has no hesitation in holding that though the respondent had sufficient source of income and was able-bodied, had failed and neglected to maintain the appellants. Considering the totality of facts and circumstances, it is proper to grant maintenance allowance of Rs.10,000/- per month to the appellant-wife, over and above the maintenance allowance of Rs. 6,000/- granted by the Family Court to the appellant no. 2-son. Thus, the respondent is directed pay maintenance amount of Rs. 10,000/- per month to the appellant- wife from the date of filing of her Maintenance Petition before the Family Court. [Paras 13 and 14][918-A-D]