105+227 CM-22869-CII-2017 in
AJAY KUMAR JAKHAR AND ANR
Present: Mr. I.P.S. Kohli, Advocate,
for the appellant.
Mr. Aman Pal, Advocate,
for respondent No.1.
The miscellaneous application is allowed.
Annexure P-5 is permitted to be taken on record.
Heard on application under Section 24 of the Hindu Marriage
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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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
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.
October 27, 2017. (AUGUSTINE GEORGE MASIH)
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