Cidco, Aurangabad v. Colony,Hinghna Phata, Akola

Mrs. Namita W/o Vickrant Vaikkos, Age 28 years, Occ. Teacher, R/o C/o Shri Pawankumar Shantaram Bangale, Balwant Colony, Hinghna Phata, Akola. ... Respondent. ... Mr.Hemant Surve, advocate for the Petitioner. Respondent served. ... CORAM : V.R.KINGAONKAR,J. Date : 11.01.2010. PER COURT

#1. The petition is being finally disposed of at the peremptory stage in view of small area of controversy. 2

#2. Heard Mr.Surve, learned advocate for the petitioner. Though, served, the Respondent remained absent.

#3. The learned Judge of the Family Court awarded interim maintenance allowance at the rate of Rs.1,500/- (Rupees one thousand five hundred) p.m. along with expenses of Rs.1,000/- (Rupees one thousand). The petitioner has filed proceedings for annulment of the marriage U/s 13 of the Hindu Marriage Act, 1955. The Respondent filed application for interim maintenance and other benefits. The learned Judge of the Family Court awarded interim maintenance allowance and also considered expenditure required for the wife to attend the proceedings of the Court.

#4. It appears from the record that the Respondent is employed as a School Teacher in a private institution. She is employed in Gurunanak School at Akola as a Teacher. It is undisputed that she is B.Sc. B.Ed. The learned Judge of the Family Court was much impressed by 3 the fact that the petitioner is Choreographer. There is no documentary evidence to show that he is earning good income. The learned Judge of the Family Court assumed that he must be earning income within the range of Rs.5,000/- (Rupees five thousand) to Rs.10,000/- (Rupees ten thousand) p.m. He observed that Choreography is in demand of TV shows, TV serials and seasonal dances like garba etc. and, therefore, the income of the petitioner could be assumed to be within the above range. This finding is based on surmises. As a matter of fact, the Choreography or like arts may or may not give good income to the petitioner. There is no material on record to show that in particular TV serial, he was engaged as a Choreographer. The alleged business is of unstable nature and the income depends on various factors. The Respondent seems to be employed woman and, therefore, the findings rendered by the Family Court are rather incorrect. It is not necessary to award expenses to the Respondent for facilitating her journey from Alola to Auragnabad so as to attend the Court work. It would suffice if amount of Rs. 4 1,000/- (Rupees one thousand) p.m. is granted to her by way of interim maintenance. It is reasonable to expect that petitioner may shell out at least Rs.1,000/- (Rupees one thousand) p.m.

#5. Under the circumstances, the petition is partly allowed. The impugned order is modified and instead of Rs.1,500/- (Rupees one thousand five hundred) p.m. and the amount of expenses for travelling, the Respondent would be entitled to seek only Rs.1,000/- (Rupees one thousand) p.m. as per the directions of the learned Judge of the Family Court, Aurangabad from date of the application, during pendency of the petition The learned Judge of the Family Court shall expeditiously decide the divorce petition and complete the proceedings within a period of six (6) months as far as possible. No costs. (V.R.KINGAONKAR,J.) asp/office/wp686908