IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision:24.11.2017
Smt. Pooja Ahuja
CORAM : HON’BLE MR.JUSTICE M.M.S.BEDI
Present : Mr.Rohit Mittal, Advocate for
Mr.Deepak Manchanda, Advocate
for the appellant.
M.M.S.BEDI, J. (Oral)
CM-16052-CII of 2017 and CM-20985-CII of 2017 are allowed.
Documents Annexures A1 to A9 are permitted to be taken on record.
Husband has preferred the present appeal against the order of
Family Court, Faridabad, passed under Section 24 of the Hindu Marriage Act
awarding maintenance pendente lite at the rate of ` 30,000/- per month to the
respondent-wife along with another sum of ` 10,000/- per month to the child
from the date of the application. The above said order has been challenged
before this Court mainly on the ground that the appellant has already lost his
job as Chartered Accountant from Jafra Ruchi Cosmetics India Pvt. and from
Bar Code India Limited. The said fact has been denied by the respondent-wife
claiming that the appellant had engaged five part-time servants to take care of
the household work besides a driver. Both the parties have not placed any
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document on record indicating the exact income of the husband, but it is
claimed by the husband that though he was earning handsome money earlier
but at present he is not earning more than ` 96,365/- per month.
Taking into consideration the contentions of both the sides, we
are of the opinion that the appellant is a professionally trained Chartered
Accountant. He has got an experience of working with renowned
companies/offices. Merely because the wife has got degree of MA/B.Ed, is
not sufficient enough to deny the maintenance pendente lite.
On the asking of the Court, it has been informed by the wife that
w.e.f. 05.06.2017, the appellant has lost his job and is now doing private job
as CA. He is not searching the job.
Taking into consideration, the experience and educational
qualifications to the credit of the appellant and the pleadings that after
05.06.2017, his income has decreased, the amount of maintenance awarded @
` 30,000/- per month to the respondent-wife is reduced to ` 20,000/- per
month w.e.f.05.06.2017. However, the appeal is dismissed for the period
prior to 05.06.2017. We have also considered the amount of ` 10,000/- which
is awarded to the child born out of the wedlock. Since he is studying in a good
school and the entire responsibility of his upbringing is being undertaken by
the respondent-wife, we do not find any ground to interfere with the said
Keeping in view all the above circumstances, this appeal is
partly allowed and partly dismissed so far as the period till 05.06.2017 is
concerned but after 05.06.2017, the amount of maintenance pendente lite,
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would be ` 20,000/- per month for the wife without changing the amount of
maintenance awarded to the child.
The miscellaneous application, CM-9554-CII of 2017, also
stands disposed of with the final disposal of the appeal.
(AUGUSTINE GEORGE MASIH)
November 24, 2017
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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