229 CMM-209-2015 and FAO-1219-2013
SURESH KUMAR VS MEENAKSHI
PRESENT Mr.Rose Gupta, Advocate, for the appellant.
Mr.S.K.Chouhan, Advocate, for the respondent.
This order will dispose of the application under Section 24 of
the Hindu Marriage Act, filed by the respondent-wife.
Respondent-wife and her sister Meena, were married to two
brothers. There is matrimonial litigation pending before this Court in FAO-1218 of
2013 between Naresh Kumar brother of appellant and Meena sister of respondent.
The pleadings of the application under Section 24 of the Hindu Marriage Act and
reply are akin in both the cases. In case of Naresh Kumar brother of appellant
Suresh Kumar, application under Section 24 of the Hindu Marriage Act, has been
Both the brothers are alleged to be trained Halwai which fact
has not been denied but on the basis of reasonable presumption, we consider the
husband as skilled labourer earning at least Rs.20,000/- per month.
Application under Section 24 of the Hindu Marriage Act, is
allowed. A sum of Rs.5,000/- per month is awarded as maintenance pendente lite
to be paid by the appellant-husband with effect from the date of application i.e.
December 2015 taking into consideration the fact that in the year 2010, she had
been granted maintenance pendente lite @ Rs.1500/- per month on the basis of the
earning capacity and income of the husband. A sum of Rs.40,000/- is also awarded
towards litigation expenses. Rs.25,000/- earlier paid towards interim litigation
expenses will be deductible from the amount of Rs.40,000/- awarded as litigation
It is not out of place to observe here that if any amount has
been paid in lieu of maintenance awarded under Section 125 Cr.P.C., after
December 2015, the said amount will be adjustable against the arrears of
maintenance to be paid pursuant to this order.
Appeal is adjourned to 26.3.2018.
The entire arrears of maintenance pendente lite calculated till
31.3.2018, and the balance amount of litigation expenses would be paid on next
date of hearing.
December 12, 2017. (AUGUSTINE GEORGE MASIH)
raj arora JUDGE
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