K.R. Mohapatra, J.:— Order dated 16 February, 2023 (Annexure-5) passed by learned Judge, Family Court, Balangir in IA No. 18 of 2022 [arising out of CP (MAT) Case No. 9 of 2015] is under challenge in this writ petition, whereby learned Family Court allowing an application under Section 24 of Hindu Marriage Act, 1955 (for brevity, ‘the Act’) directed the Opposite Party to pay pendente lite maintenance of Rs. 4,000/- per month to the Petitioners with effect from the date of filing of the application, i.e., 14 September, 2022 along with litigation expenses of Rs. 3,000/-.
2. Mr. Dash, learned counsel for the Petitioner submits that the Petitioner is an Anganwadi Worker and is getting Rs. 7,500/- per month as remuneration. Petitioner No. 2 is pursuing her study in +2 Arts. She has no independent source of income and the entire burden of her maintenance and education is being borne by Petitioner No. 1. The Opposite Party, who is the husband of Petitioner No. 1 is serving as an Amin under the State Government and his gross salary is Rs. 46,099/- per month and his take home salary is Rs. 33,899/- per month. Thus, the Petitioners are entitled to pendente lite maintenance at an enhanced rate.
3. It is his submission that the Petitioner No. 1 has to spent Rs. 9,000/- per month for maintenance of Petitioner No. 2 including tuition and other expenses. As such, the impugned order warrants interference.
4. Taking into consideration the submission made by learned counsel for the Petitioners, it appears that the provision under Section 24 of the Act has been made to provide pendente lite maintenance to a spouse. Minor children of the parties may get maintenance under Section 26 of the said Act. On perusal of the impugned order, it appears that the age of the Petitioner No. 2 is 17 years. Hence, she is approaching the age of majority. It further appears that out of the salary of Rs. 33,899/- per month, the Opposite Party stated to be spending Rs. 30,000/- including his medical expenses. He is also maintaining his mother and the son, who is living with him. It is the obligation/duty of both the parents to look after the children.
5. Considering the materials available on record, learned Judge, Family Court directed the Opposite Party to pay pendente lite maintenance of Rs. 4,000/- per month to the Petitioners. There cannot be any arithmetical calculation to determine the quantum of maintenance. The Court has to make a guess work for determination of quantum of maintenance considering the fact and circumstances of each case. Since taking into consideration the materials on record, learned Judge, Family Court, directed the Opposite party to pay pendente lite maintenance at the rate of Rs. 4,000/- per month to the Petitioners, I am not inclined to interfere with the same only because it may be slightly higher by re-appreciating the materials available on record.
6. In view of the above, I am not inclined to interfere with the impugned order. Accordingly, the writ petition being devoid of any merit stands dismissed.