107+230 CM-1905-CII-2018 in
FAO-M-203-2016 and CMM-154-2017
SHEETALJIT KAUR
V/S
MANGAL SINGH
Present: Ms. Arti Kaur, Advocate, for the appellant.
Mr. Pankaj Mahavir Chauhan, Advocate,
for the respondent.
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CM-1905-CII-2018
The miscellaneous application is allowed.
Reply to application under Section 24 of the Hindu Marriage
Act, is permitted to be taken on record.
CMM-154-2017
The respondent-husband has been granted decree of divorce by
the Additional District Judge, Jalandhar, dissolving the marriage of the
parties. Aggrieved by the said order, the appellant-wife has filed the present
appeal.
During pendency of the appeal, an application under Section 24
of the Hindu Marriage Act has been filed by the appellant-wife claiming a
sum of Rs.30,000/- per month as maintenance pendente lite and Rs.30,000/-
as litigation expenses and Rs.11,000/- for miscellaneous expenses. The
respondent-husband is admittedly working as an ASI in Armed Forces. He
claims that he is getting salary of Rs.56,000/- per month but has to maintain
two children born out of the wedlock, who are aged 15 and 17 years.
We have considered the facts and circumstances of the case and
are of the opinion that in view of income of the respondent-husband, the
appellant-wife can be granted a sum of Rs.15,000/- per month as
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FAO-M-203-2016 and CMM-154-2017
maintenance pendente lite besides a sum of Rs.50,000/- as litigation
expenses.
Ordered accordingly.
The amount of maintenance pendente lite will be payable with
effect from the date of application i.e. October, 2017.
The application under Section 24 of the Hindu Marriage Act, is
allowed in aforesaid manner.
Counsel for the respondent-husband has submitted that a sum
of Rs.5,000/- per month was being paid to the appellant-wife as determined
in application under Section 24 of the Hindu Marriage Act before the lower
Court but it has been informed that after disposal of the case by the lower
Court, the amount has not been paid.
For payment of entire arrears of maintenance calculated till
31.05.2018 and the litigation expenses, adjourned to 09.05.2018.
(M.M.S. BEDI)
JUDGE
January 30, 2018. (GURVINDER SINGH GILL)
harsha JUDGE
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