Parveen Lata vs Shiv Kumar on 5 September, 2017

228 FAO-M-307-2016 with
CMM-182-2016 and
CM-15223-CII-2016

PARVEEN LATA
V/S
SHIV KUMAR

Present: Mr. A.K. Walia, Advocate, for the appellant.

Mr. Suresh Kumar Kaushik, Advocate, for the respondent.

*****

An application under Section 24 of the Hindu Marriage Act has

been filed by the appellant-wife for grant of maintenance pendente lite and

maintenance to her two minor children.

After hearing learned counsel for the parties, it transpires that

the respondent-husband is working as BAMS doctor with State of Haryana

whereas the appellant-wife is also working as a Sanskrit teacher and is

capable of maintaining herself.

It has been informed that two minor children born out of the

wedlock are staying with the appellant-wife, however, they have been

granted a sum of Rs.2500/- each as interim maintenance in proceedings

under Section 125 Cr.P.C. It has also been informed that application under

Section 24 of the Hindu Marriage Act filed before the trial Court was

withdrawn by the appellant as such no amount was determined under

Section 24 of the Hindu Marriage Act, to the appellant.

We have considered the facts and circumstances of the case and

are of the opinion that up bringing of two minor children is joint

responsibility of both the parents irrespective of the fact whether they are

earning or not.

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FAO-M-307-2016 with -2-
CMM-182-2016 and
CM-15223-CII-2016

Without expression of any opinion regarding the right of the

minor children born out of the wedlock for maintenance/interim

maintenance, we are of the considered opinion that the appellant having

been forced for looking after the children alone, would be entitled to

nominal maintenance pendente lite on account of additional responsibilities

shouldered by her. A sum of Rs.10,000/- per month for the said additional

responsibilities is considered as appropriate maintenance pendente lite to be

paid with effect from the date of application. Besides this, a sum of

Rs.50,000/- is considered to be reasonable amount as litigation expenses

payable to the appellant-wife. The sum of Rs.20,000/- earlier paid in this

regard will be adjustable.

The application under Section 24 of the Hindu Marriage Act is

allowed in the above terms.

At this stage, counsel for the parties inform that feasibility of

any amicable settlement be also explored by referring the matter to the

Mediation Centre.

Parties are directed to appear before the Mediation and

Conciliation Centre of Punjab and Haryana High Court, Chandigarh on

04.10.2017.

The entire arrears of maintenance along with balance of

litigation expenses as determined till 30.09.2017, will be paid to the

appellant-wife before the Mediation and Conciliation Centre.

For awaiting report of the Mediation and Conciliation Centre

and further hearing of the arguments of merits subject to any order passed

by the Mediation Centre, to come up on 23.01.2018.

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FAO-M-307-2016 with -3-
CMM-182-2016 and
CM-15223-CII-2016

Nothing said in this order will effect any other proceedings for

maintenance filed by the children or the appellant.

(M.M.S. BEDI)
JUDGE

September 05, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE

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