IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Decided on: November 10, 2017.
(1) FAO-M-427-2015 (OM).
(2) CR-7396-2015 (OM).
CORAM: HON’BLE MR.JUSTICE M.M.S.BEDI
HON’BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
PRESENT Mr.Nipun Verma, Advocate,
for the appellant-Vishanshu.
Mr.Ram Pal Verma, Advocate,
for the respondent Deepika.
M.M.S. BEDI, J. (ORAL)
This order will dispose of the above noted first appeal as
well the civil revision, both arising out of order dated 11.9.2015, passed
under Section 24 of the Hindu Marriage Act, in a petition for divorce filed
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by Deepika-wife for dissolution of marriage on the ground of cruelty. Vide
impugned order dated 11.9.2015, maintenance pendente lite @ Rs.7,000/-
per month has been awarded to the wife.
The grievance of the wife in her civil revision is that sum
of Rs.7,000/- per month awarded as maintenance pendente lite is too meagre
for survival and she seeks enhancement of the same whereas the husband
Vishanshu, in his first appeal has sought the setting aside of the said order
on the ground that no opportunity was granted to him to produce on record
the salary certificate.
The wife, in her application, under Section 24 of the
Hindu Marriage Act, had claimed that husband is earning more than
Rs.70,000/- per month without producing any proof of income. The husband
has now come up with a certificate issued by the Vaish Senior Secondary
School, Charkhi Dadri, Haryana, indicating that husband is employed as a
private Teacher and his salary would not exceed Rs.9900/- per month.
Vide interim order dated 28.10.2015, payment of
maintenance beyond Rs.5000/- was stayed during pendency of the appeal.
Counsel for the husband informs that the wife has been
granted decree of divorce on 31.3.2016. The impugned order dated
11.9.2015, in such circumstances, would have effect only till 31.3.2016. The
controversy regarding the amount determined under Section 24 of the Hindu
Marriage Act, would determine the right of wife to claim the amount of
maintenance pendente lite only for a period of six months after the
impugned order as the proceedings under Section 13 of the Hindu Marriage
Act, culminated in decree of divorce on 31.3.2016.
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Counsel for the husband submits at bar that as per his
information, no appeal has been filed by the husband against the decree of
divorce. Since the controversy after passing of the impugned order is only
for six months though the order has been made effective w.e.f. the date of
the application i.e. April 2015. The maintenance amount beyond Rs.5,000/-
had been stayed.
Taking into consideration the fact that the wife is also
Post Graduate and is capable of earning and no material had been produced
on record before the lower Court regarding the income of husband, we
assess that the amount of Rs.5,000/- per month would be sufficient amount
as maintenance pendente lite in the application under Section 24 of the
Hindu Marriage Act. The order dated 11.9.2015, is modified to the effect
that instead of Rs.7,000/- per month, the wife would be entitled to
maintenance pendente lite @ Rs.5,000/- per month. However, she would
also be entitled to litigation expenses of Rs.20,000/- in addition.
The appeal as well as revision, both are disposed of
November 10, 2017. (AUGUSTINE GEORGE MASIH)
raj arora JUDGE
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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