Raina Solanki vs Ajay Kumar Jakhar And Anr on 27 October, 2017

105+227 CM-22869-CII-2017 in
FAO-8030-2015 with
CMM-191-2015 and
CM-5067-CII-2017

RAINA SOLANKI
V/S
AJAY KUMAR JAKHAR AND ANR

Present: Mr. I.P.S. Kohli, Advocate,
for the appellant.

Mr. Aman Pal, Advocate,
for respondent No.1.

*****

CM-22869-CII-2017

The miscellaneous application is allowed.

Annexure P-5 is permitted to be taken on record.

CMM-191-2015

Heard on application under Section 24 of the Hindu Marriage

Act.

A serious controversy has been raised regarding the earning

capacity of the applicant-wife and alleged inability of the respondent-

husband to pay maintenance to the applicant-wife.

Without entering into the controversy regarding the earning

capacity or ability/inability of the applicant-wife to earn, we are of the

considered opinion that the capacity and capability of a woman to earn

cannot in all cases be considered to be a circumstance to give benefit to the

husband to wriggle out of the maintenance to maintain his wife.

Taking into consideration the earning capacity of the applicant-

wife, we are of the opinion that nominal amount of Rs.15,000/- per month

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CM-22869-CII-2017 in -2-

FAO-8030-2015 with
CMM-191-2015 and
CM-5067-CII-2017

would be sufficient enough to satisfy the claim of the applicant-wife under

Section 24 of the Hindu Marriage Act. She would also be entitled to

litigation expenses of Rs.15,000/-. Any amount already paid will be

adjustable towards the litigation expenses. The maintenance pendente lite

will be payable with effect from the date of application i.e. November, 2015.

The application under Section 24 of the Hindu Marriage Act is

allowed accordingly.

For payment of the arrears of maintenance and balance of

litigation expenses, to come up on 21.03.2018.

The entire arrears calculated till 31.03.2018 will be paid on the

next date of hearing.

(M.M.S. BEDI)
JUDGE

October 27, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE

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