^' ITLTHE HIGH COURT OF 5CGARH AT BILASPUR PETITIONER W..P. (227t No. £&S^ QF 2010. SStiGLE BEWCH Dev Kumar Chaturvedi, S/o. late Shri Pun Das Chatur^edi, aged about 31 years, Resident of Village Sirsakala, Tahsil Patan, District Durg (C. G.) VERSUS RESPONDENTS •^, ^v ^u^ ^•''" >""v<^^'2. . /••"".^"" .^^ ^y.^^ : 1. Smt. Amrika Chaturvedi, W/o. Shri Dev Kumar Chaturvedi, aged about 29 years, Resident of Village Magarghata, Tahsil Patan, District Durg (C. G.) Ku. Pooja Chaturvedi, D/o. Shri Dev Kumar Chaturvedi, aged about 13 years, 3. Ku. Priya Chaturvedi, D/o. Shri Dev Kumar Chaturvedi, aged about 11 years, 4. Ku. Bhawna Chaturvedi, D/o. Shri Dev Kumar Chaturvedi, aged about 5 years, 5. Vansh Kumar Chaturvedi, D/o. Shri Dev Kumar Chaturvedi, aged about 4 years, /;.- ^ ^- 6. Himalaya Kymar Chaturvedi, D/o. Shri Dev Kumar Chaturvedi, aged about 3 years, Res. No. 2 to 6 are minor through their legal guardian mother Smt. Amrika Chaturvedi, Resident of Village Magarghata/Tahsil Patan, District Durg (C. G.) WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA il% ?:|SSIISSiilSR fflGH COURT OF CHHATTISGARH AT BILASPUR 8JS: Hon'ble Shri Prashant Kumar Mishra Writ Petition (227} No. 6838/2010 PETITIONER Dev Kumar Chaturvedi Versus RESPONDENTS : Smt Amrika Chatm'vedi and others Appearance: Shri Jitendra Gupta, counsel for the petitioner. WRIT PETITIQN UNDER ARTICLE 227 QF THE CONSTITUTION OF INDIA ORAL ORDER (29.11.2010) Challenge m this petition is to the order ofinterim maintenance granted by the Family Court in favour of respondent No.l wife at Rs.500/- per month and in favour of respondents No.2 to 6/children Rs.400/- per month to each ofthem. (2) Leamed counsel for the petitioner would submit that he is earning Rs.100/- per day, therefore the amount awarded in favour of the respondents are excessive. (3) Learned Family Court has dealt with all the relevant aspects of the matter and has recorded a prima facie finding that looking to the income of the petitioner and the lands owned by him the respondent No.l wife is entitled to Rs.500/- per month and the five children are entitled to Rs.400/- per month as interim maintenance. (4) Looking to the current price index and the fact that only Rs.400/- has been allowed for each ofthe child and Rs.500A to the ^..^ :^ JU-^ s, s:^.^ 'i^ ^^-^ 1 wife, this court is of the opinion that the present is not a fit case for exercise ofpower under Article 227 ofthe Constitution oflndia. (5) The vvrit petition is thus dismissed. (6) Petitioner, if he so desires may make a prayer before the learned Family Court for early disposal ofthe proceedings. Sd/- Prashant Kumar Mishra Judge G^