Neelam vs Chander Bahadur on 2 August, 2017

106+220 CM-15629-CII-2017 and
CMM-148-2016 in
FAO-M-229-2013

NEELAM
V/S
CHANDER BAHADUR

Present: Ms. Jaideep Kaur, Advocate, for
Mr. B.S. Jaswal, Advocate, for the appellant.

Mr. Amit Parashar, Advocate,
for the respondent.

*****

CM-15629-CII-2017

Miscellaneous application is allowed.

Reply to the application under Section 24 of the Hindu

Marriage Act, is permitted to be taken on record.

CMM-148-2016

This order will dispose of an application under Section 24 of

the Hindu Marriage Act for grant of maintenance pendente lite and litigation

expenses filed by the appellant-wife claiming that the respondent is working

as Chowkidar in PWD (BR) and is earning a sum of Rs.20,000/- per

month besides having income from agricultural land. The appellant-wife has

averred in the application that she does not have any independent source of

income and claimed a sum of Rs.12,000/- per month as maintenance

pendente lite besides litigation expenses of Rs.35,000/-.

In the reply filed, the non-applicant/husband has levelled

allegations that the appellant-applicant is residing alone in the Government

accommodation allotted to him. He has also levelled certain allegations of

adultery.

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CM-15629-CII-2017 and -2-
CMM-148-2016 in
FAO-M-229-2013

We are considered the facts and circumstances of the case.

The appellant-applicant had been granted interim maintenance

@ Rs.2,000/- per month by the lower Court.

On asking of the Court, it has been informed that one son and

daughter born out of the wedlock, are not being looked after by the

appellant-applicant as daughter is already married and the son is residing

with the husband.

The respondent-husband has taken up a plea in the reply that

the son has met with an accident and had received multiple injuries. The

respondent is paying a sum of Rs.8,000/- as rent of the house after leaving

Government accommodation and has spent Rs. 1 lac on the treatment of the

son.

Since the appellant-applicant is not earning anything, she is

entitled to be maintained by the respondent during pendency of the

proceedings.

Taking into consideration the comparative responsibilities of

the parties regarding the family affairs, a sum of Rs.3,000/- per month is

considered to be reasonable amount as interim maintenance to be paid to the

appellant-wife during pendency of the appeal.

A sum of Rs.25,000/- is assessed as litigation expenses to be

paid by the respondent-husband.

It is made clear that interim maintenance will be payable with

effect from the date of application i.e. September, 2016.

The application under Section 24 of the Hindu Marriage Act is

allowed in the above terms.

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CM-15629-CII-2017 and -3-
CMM-148-2016 in
FAO-M-229-2013

The entire arrears calculated till 31.10.2017 will be paid by

15.11.2017.

The appeal is also ordered to be listed for final hearing on

30.11.2017.

(M.M.S. BEDI)
JUDGE

August 02, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE

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