Paramjit Kaur vs Joga Singh on 4 September, 2017

CMM-94-2015 in FAO-M-178-2014 -1-

PARAMJIT KAUR VS JOGA SINGH

PRESENT Mr.Navin Sharma, Advocate,
for the applicant-appellant.

Mr.M.S.Dhami, Advocate,
for the respondent/non-applicant.

Respondent-husband has been granted a decree of
divorce.

The applicant-appellant-wife has preferred this appeal
and also claimed maintenance pendente lite by filing application under
Section 24 of the Hindu Marriage Act, averring therein that she is unable to
maintain herself and minor son whereas the respondent-husband is presently
working with Kartar Bus Service as Inspector and his salary is more than
Rs.20,000/- per month. Monthly income of the respondent is claimed to be
more than Rs.50,000/- per month when the income from all other sources is
added with the salary. Applicant-appellant-wife claims maintenance
pendente lite @ 20,000/- per month besides Rs.35,000/- as litigation
expenses.

The application has been opposed by the respondent-
husband claiming that he had already paid money to the wife and she has
constructed a house at Nakodar from the said amount. He has denied that he
is an employee of Kartar Bus Service. It is also pleaded that both the sons
have attained majority.

Counsel for the respondent has urged that the applicant
has not disclosed that she has been getting maintenance @ Rs.2600/- per
month w.e.f. 29.10.2011, under
Section 125 Cr.P.C. besides a sum of
Rs.800/- each for the minor sons. It is further submitted that for one year the
application under
Section 24 of the Hindu Marriage Act, has not been filed
which would estop the wife to claim maintenance pendente lite.

On asking of the Court, it has been informed that during
pendency of the proceedings before the lower Court, a sum of Rs.1500/- had
been awarded to the applicant-wife whereas a sum of Rs.1000/- each was
awarded to the minor sons under
Section 24 of the Hindu Marriage Act.

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CMM-94-2015 in FAO-M-178-2014 -2-

Without expression of any opinion regarding the right of
the sons to claim maintenance who are alleged to have attained majority, we
have considered the entitlement of the applicant-wife to claim maintenance
pendente lite under
Section 24 of the Hindu Marriage Act. Respondent has
vaguely denied the averments made in the application without mentioning
the date from which he has stopped working for the Transport Company.
Respondent is a healthy person, capable of earning and is also under an
obligation to maintain the wife who does not have any income.

CMM is allowed. A sum of Rs.3,000/-, which is
considered to be reasonable amount, is awarded as maintenance pendente
lite to the applicant-wife under
Section 24 of the Hindu Marriage Act w.e.f.
the date of application i.e. 16.5.2015. The amount awarded under
Section
125 Cr.P.C. will certainly be adjustable from the amount awarded under
Section 24 of the Hindu Marriage Act. Applicant-wife is also held entitled
to litigation expenses of Rs.30,000/-.

For payment of entire arrears of maintenance pendente
lite calculated till 31.10.2017 as well as litigation expenses, to come up on
21.11.2017.

(M.M.S. BEDI)
JUDGE

September 4, 2017. (AUGUSTINE GEORGE MASIH)
raj arora JUDGE

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