228 FAO-3123-2016 and CMM-162-2016
SATISH @ BITTOO V/S SURESH DEVI
Present: None for the non-applicant/appellant.
Mr. K.L. Saini, Advocate, for
Mr. Ashwani Gaur, Advocate, for the applicant/respondent.
Applicant/respondent-wife has filed an application under
Rs.25,000/- per month claiming that the non-applicant/appellant-husband is
running the business of transport. He has got income from two and half
acres of ancestral land in the name of minor son born out of the wedlock.
The minor son is studying in 8th standard but the income derived from his
land is being utilised by the non-applicant/appellant-husband. It is averred
in the application that the non-applicant/appellant-husband is earning a sum
of Rs.2500/- per month from each of the labourer who have been rented out
40 rooms. He is also owner of two shops which have been constructed on
the ground floor of the house in which the applicant/respondent-wife is
residing which have been rented out to two doctors at the rate of Rs.5000/-
each per month. It is further averred that the non-applicant/appellant-
husband has installed a RO water plant in the village from which also he has
got earning. Though, in support of the application, an affidavit has been
filed by the applicant/respondent-wife but any material indicating the actual
income of the non-applicant/appellant-husband from any of the sources, has
not been produced.
The respondent has failed to file reply of the application despite
having been given reasonable opportunities to file reply to the application
and contest the same.
The applicant/respondent-wife has disclosed that a sum of
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FAO-3123-2016 and CMM-162-2016 -2-
Rs.3,000/- per month has been awarded as maintenance in proceedings
under Section 125 Cr.P.C.
Though the applicant/respondent-wife has not filed any
document indicating the exact income from all the sources mentioned in the
application but the non-applicant/appellant-husband has also not come
forward to deny the same. It would be deemed to be implied admission
regarding the various sources.
The non-applicant/appellant-husband is statutorily bound to
maintain his wife who claims that she does not have any source of income.
It is ordered that the applicant/respondent-wife will be entitled
to maintenance pendente lite at the rate of Rs.8,000/- per month. A sum of
Rs.3,000/-, if paid, as per the order passed in proceedings under Section 125
Cr.P.C, will be deductible from the said amount. The amount of
maintenance pendente lite will be payable with effect from the date of
application i.e. September, 2016. Litigation expenses of Rs.30,000/- will
also be payable to the applicant/respondent-wife. A sum of Rs.20,000/-
earlier paid will be deductible from the said amount.
The application under Section 24 of the Hindu Marriage Act, is
allowed in the aforesaid manner.
For payment of entire arrears of maintenance and balance of
litigation expenses, adjourned to 09.05.2018.
January 30, 2018. (GURVINDER SINGH GILL)
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