Sheetaljit Kaur vs Mangal Singh on 30 January, 2018

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.

*****

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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CM-1905-CII-2018 in -2-

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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