Yogesh Bansal vs Rashmi on 11 September, 2017

241

CMM-18-2017 and
FAO-M-60-2016

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

reunite.

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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CMM-18-2017 and FAO-M-60-2016 -2-

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

allowed accordingly.

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.

(M.M.S. BEDI)
JUDGE

September 11th, 2017 (AUGUSTINE GEORGE MASIH)
Puneet JUDGE

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