CMM-109-2016 and FAO-M-408-2015 1
Rupinder Singh Vs Palwinder Kaur
PRESENT Mr.Amandeep Saini, Advocate,
for the appellant.
None for the respondent-wife.
Mediation having failed, the case has been received back.
An application under Section 24 of the Hindu Marriage
Act, for the grant of maintenance pendente lite @ Rs.20,000/- per month as
well as litigation expenses was filed by the respondent-wife claiming that
the appellant-husband is working as an Electrician whereas the respondent-
wife is not having any source of income. It is pleaded in the application that
the appellant-husband is running the business of sale of submersible motors,
fitting material and spare parts and is holding number of contracts for
installation and maintenance of tubewells in the Municipal Corporation of
Mohali, besides having landed property.
The application has been contested by the appellant-
husband opposing the averments made by the respondent-wife. Vide interim
order dated 18.4.2017, a direction had been issued for payment of sum of
Rs.3,000/- per month as interim maintenance w.e.f. 24.4.2016 till the
decision of the application under Section 24 of the Hindu Marriage Act.
We have considered the facts and circumstances
mentioned in the application and are of the opinion that the appellant-
husband is an able bodied person. He has expressed inability to pay any
amount as maintenance pendente lite as daughter Gurnoor born out of the
wedlock is staying with him. However, he has admitted that he is running a
1 of 2
26-01-2018 23:51:42 :::
CMM-109-2016 and FAO-M-408-2015 2
small industrial unit under the name and style of “Jaswal Enterprises” in
Phase-V, Industrial Area, Mohali.
In view of said circumstances, a bit of estimation for the
purpose of earning capacity would be permissible and presuming that the
appellant-husband is earning not less than Rs.15,000/- to Rs.20,000/- per
month from his business, the instant application under Section 24 of the
Hindu Marriage Act, is allowed and a sum of Rs.5,000/- per month is
awarded as maintenance pendente lite with effect from the date of
application i.e. April 2016. Litigation expenses to the tune of Rs.30,000 are
also awarded. A sum of Rs.20,000/- earlier paid towards litigation expenses
will be deductible from the amount of Rs.30,000/- awarded as litigation
Counsel for the appellant-husband has submitted that a
sum of Rs.3,000/- per month is being paid towards maintenance in
proceedings under Section 125 Cr.P.C. It is made clear that if any amount is
being paid in any other proceedings, the said amount will be deductible
from the amount ordered as maintenance pendente lite by this Court
For payment of entire arrears of maintenance pendent lite
calculated upto 31.7.2018 after adjustment, as stated above, as well as
remaining litigation expenses, adjourned to 11.7.2018.
January 18, 2018. (GURVINDER SINGH GILL)
raj arora JUDGE
2 of 2
26-01-2018 23:51:43 :::