YOGESH BANSAL VS. RASHMI
Present: Mr. Namit Khurana, Advocate
for the appellant.
Mr. G.S. Shahpuri, Advocate
for the respondent.
Parties are present in person.
We have made efforts for bringing about reconciliation by
proposing that either the parties should reunite or part company on receipt of
some lump sum amount by the wife as permanent alimony but parties could
neither arrive at a definite figure for accepting the separation nor are ready to
In view of the said circumstances, we have got no option but to
take up the matter on merits.
An application under Section 24 of the Hindu Marriage Act has
been filed by respondent-wife. The appellant-husband is working in a
Dental College as Lecturer of Biochemistry and is getting salary of `42,000/-
per month. The respondent-wife is no doubt an educated lady but she claims
that she is not doing any work and has to maintain the minor child.
The lower Court while deciding the application under Section 24 of the Hindu
Marriage Act had awarded `8000/- per month as maintenance pendente lite to
the wife with additional sum of `2000/- for the minor child.
We have taken into consideration the above said circumstances
and are of the opinion that the upbringing of the minor child is the joint
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responsibility of both the parties but since the responsibility is being shouldered
by the wife independently and nothing has come on record indicating that she
has been earning anything, taking into consideration the income of the
appellant-husband, we deem it appropriate, in the interest of justice, that the
respondent-wife will be paid a sum of `12,000/- per month as maintenance
pendente lite. The amount of `2000/- awarded to the minor child is enhanced to
`3000/- per month taking judicial notice of the rising prices. Calculated at the
above said rate, the sum of `15,000/- per month would be payable by the
appellant-husband to the respondent-wife with effect from the date of the
application. Any other amount ordered under any proceeding i.e. under Section
125 Cr.P.C. or under any other provision of law would be adjustable against the
above said amount. Litigation expenses are assessed at `40,000/-.
Sum of `20,000/- earlier paid would be deductible from the said amount.
The application under Section 24 of the Hindu Marriage Act is
For payment of maintenance pendente lite and
litigation expenses, to come up on 01.11.2017.
Entire arrears calculated till 30th October, 2017, will be cleared on
next date of hearing. The matter will be taken up on merits after the clearance
of the above said amount.
September 11th, 2017 (AUGUSTINE GEORGE MASIH)
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