Amardeep vs Jyoti Bala on 5 February, 2018

225 CMM-77-2016 in
FAO-M-64-2016

AMARDEEP V/S JYOTI BALA

Present: Mr. H.S. Kaler, Advocate, for
Mr. Gurcharan Dass, Advocate,
for the non-applicant/appellant-husband.

Mr. Bhrigu Dutt Sharma, Advocate,
for the applicant/respondent-wife.

*****

This is an application under Section 24 of the Hindu Marriage

Act filed by the applicant/respondent-wife for grant of maintenance

pendente lite @ Rs.40,000/- per month on the ground that she is not having

any independent source of income and is required to take care of minor

daughter who is aged 6 years and studying in Hargobind Public School at

Jalandhar. It is averred in the application that the non-applicant/appellant-

husband is an able bodied person and running a cloth shop under the name

and style of M/s Ram Murti and Sons at Shop No.16, near bus stand, Rohru,

District Shimla and is having two godowns from which he is having rental

income. He has got income of Rs.50,000/- per month from the shop and

godowns. Besides this, he is partner in the factory run by his family

members under the name and style of M/s ASK Enterprises, near Dhandari

Kalan, Ludhiana.

The non-applicant/appellant-husband has filed reply to the

application claiming that the applicant/respondent-wife is also running a

boutique and earning sum of Rs.25,000/- per month. She has been granted

interim maintenance @ Rs.3000/- per month which has not been disclosed

in the application. A sum of Rs.1500/- has been awarded to the daughter

besides a sum of Rs.4,000/- as litigation expenses in proceedings under

Section 125 Cr.P.C.

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The non-applicant/appellant-husband has not admitted that he

is running a cloth shop or that earning sum of Rs.50,000/- per month. He

has also denied partnership in M/s ASK Enterprise, near Dhandari Kalan,

Ludhiana. He claims that he is an handicapped person with both lower

limbs and suffers disability of 45% as per certificate from the office of Civil

Surgeon, Gurdaspur, copy of which has been appended as Annexure A-7.

We have considered the rival contentions of both the parties

and are of the opinion that the non-applicant/appellant-husband is able to

earn and he has vaguely denied his profession to be a shopkeeper and

having income from the godowns. He has not disclosed his source of

income.

On asking of the Court, it has been informed that a sum of

Rs.5,000/- per month had been awarded as maintenance pendente lite by

the lower Court in proceedings under Section 24 of the Hindu Marriage Act

in the year 2013 which included sum of Rs.2000/- for the minor child born

out of the wedlock.

Taking into consideration the escalation of prices and the age

of the minor child having increased, a sum of Rs.8,000/- per month is

considered to be reasonable amount for maintenance pendente lite. The

said amount will be payable with effect from the date of application i.e.

April, 2016. The litigation expenses are assessed as Rs.25,000/-. A sum of

Rs.20,000/- already paid will be adjustable. A sum of Rs.5,000/- will be

payable as litigation expenses as balance. It is made clear that the amount

paid in proceedings under Section 125 Cr.P.C would be adjustable.

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Application under Section 24 of the Hindu Marriage Act, is

allowed in the above said manner.

For payment of entire arrears of maintenance calculated till

31.05.2018 and the litigation expenses, adjourned to 10.05.2018.

(M.M.S. BEDI)
JUDGE

February 05, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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