Kulbir Singh vs Rajwinder Kaur on 16 August, 2017

231 CMM-149-2016 in
FAO-M-85-2016

KULBIR SINGH
V/S
RAJWINDER KAUR

Present: Mr. Manish Prabhaker, Advocate,
for the applicant-respondent.

Mr. Rohit Ahuja, Advocate,
for the non-applicant/appellant.

*****

This order will dispose of an application under Section 24 of

the Hindu Marriage Act, 1955 for maintenance pendente lite @ Rs.50,000/-

per month filed by respondent-wife claiming that the husband-appellant is a

rich person and earning a sum of Rs.3 lacs per month in dollars in Canada.

Learned counsel for the non-applicant/appellant has contested

the application denying his earning capacity to the extent of Rs.3 lacs but

has admitted that he is maintaining a wife Veerpal Kaur and three children

in Canada.

Learned counsel for the non-applicant/appellant has submitted

that a sum of Rs.33,000/- has already been paid as litigation expenses and

the respondent-wife has already received a sum of Rs.11,50,000/- as part of

the permanent alimony in proceedings under Section 13-B of the Hindu

Marriage Act which could not be culminated in dissolution of the marriage.

He has further submitted that marriage of the non-applicant/appellant with

applicant-respondent by way of chadar-andaji would be a nullity as the

appellant already had a legally wedded wife.

We have considered the said contention and are of the opinion

that after marriage of the appellant with respondent Rajwinder Kaur, a

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daughter was born out of the marriage. The appellant is estopped from

denying the relationship in view of his conduct as he cannot now turn

around stating that he was already married at the time of performance of his

marriage with applicant-respondent.

The non-applicant/appellant having himself filed an application

under Section 13-B of the Hindu Marriage Act earlier, cannot at this stage,

deny the relationship to evade his liability arising out of the matrimonial

relationship with the respondent.

Be that as it may, the application under Section 9 of the Hindu

Marriage Act, filed by the respondent, has been allowed by the lower Court.

We also do not believe the contention of learned counsel for the

non-applicant/appellant, who is staying in Canada having a family, is unable

to earn anything. On the basis of fair estimation regarding his earning

capacity abroad, it is presumed that he would not be earning less than a sum

of Rs. 1 lac per month in Indian currency. No document has been placed on

record by the non-applicant/appellant indicating that he is unemployed

person in Canada or he is having a meagre income.

Application under Section 24 of the Hindu Marriage Act for

maintenance pendente lite, is allowed. The applicant-wife is awarded a sum

of Rs.55,000/- as litigation expenses. A sum of Rs.33,000/- already paid

would be deductable from the said litigation expenses.

Applicant-wife will be entitled to maintenance pendente lite at

the rate of Rs.25,000/- per month. It will be open to the non-

applicant/appellant to pay this amount in foreign currency by transfer in

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legalised manner. The amount will be payable with effect from the date of

the application i.e. 08.09.2016.

For payment of the arrears of maintenance and balance of

litigation expenses, adjourned to 09.10.2017.

(M.M.S. BEDI)
JUDGE

August 16, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE

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