Suman vs Rakesh Kumar on 30 August, 2017

101+211 CM-18135-CII-2017 in
FAO-M-59-2016 with
CMM-65-2016 and
CM-3218-CII-2016

SUMAN
V/S
RAKESH KUMAR

Present: Ms. Ruchi Sekhri, Advocate, for the appellant.

Mr. Ravi Sodhi, Advocate, for the respondent.

*****

Heard on application under Section 24 of the Hindu Marriage

Act.

Application has been opposed on the ground that the appellant

is capable of earning and is teaching in a private school.

Learned counsel for the respondent-husband has submitted that

the respondent is a poor labourer and is not capable of earning sufficient

amount to maintain himself.

We have considered the facts and circumstances of the case.

The appellant had been granted a sum of Rs.3000/- per month

as maintenance pendente lite by the lower Court in the year 2014.

Since the respondent is a young, healthy person, capable of

earning and is obliged to pay maintenance to his wife during pendency of

the matrimonial proceedings, in the interest of justice, we deem it

appropriate to grant maintenance pendente lite at the rate of Rs.4,000/- per

month to the applicant/appellant/wife with effect from the date of

application.

A sum of Rs.35,000/- is assessed as litigation expenses. The

sum of Rs.20,000/- already paid towards the interim litigation expenses will

be deductable from the said amount.

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09-09-2017 09:40:18 :::
CM-18135-CII-2017 in -2-
FAO-M-59-2016 with
CMM-65-2016 and
CM-3218-CII-2016

The application is allowed in above terms.

For payment of the litigation charges and the arrears of

maintenance pendente lite at the rate above said, from the date of

application, adjourned to 12.12.2017.

The entire arrears calculated till 30.11.2017 will be paid on the

next date of hearing along with the balance of litigation expenses.

Let the reply to application i.e. CM-18135-CII-2017 be filed on

the next date of hearing.

In order to explore the feasibility of any amicable settlement,

the matter would be sent to Mediation Centre on the next date of hearing

subject to respondent paying the arrears of maintenance pendente lite and

litigation expenses.

(M.M.S. BEDI)
JUDGE

August 30, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE

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09-09-2017 09:40:19 :::

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