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Surinder Singh vs Sudesh on 16 February, 2018

CM-3191-CII-2018 in CMM-159-2017 and FAO-M-55-2017 1

Surinder Singh Vs Smt.Sudesh

PRESENT Mr.Rajkapoor Malik, Advocate,
for the appellant-husband.

Mr.Arvind Bansal, Advocate,
for the respondent/wife.

CM-3191-CII-2018 is allowed.

Reply to the application under Section 24 of the Hindu

Marriage Act, in the shape of affidavit of the appellant, is permitted to be

taken on record.

The appellant-husband had filed a petition for divorce

before the lower Court but his petition has been dismissed by the Additional

District Judge, Kaithal,vide impugned judgment and decree dated 1.2.2017.

Aggrieved by the said judgment, the appellant-husband has preferred the

present appeal.

During pendency of the appeal, the respondent/wife has

filed an application under Section 24 of the Hindu Marriage Act, claiming

maintenance pendente lite at the rate of Rs.15,000/- per month besides

litigation expenses claiming that she is not working whereas the appellant-

husband is earning a sum of Rs.40,000/- per month being an employee of

Haryana Police. It has also been averred that he owns 2½ acres of

agricultural land in Village Chandana, District Kaithal, from where his

income is Rs.20,000/- per month.

The appellant-husband in his reply has denied any

earnings from the agricultural land but he has admitted that he is working

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CM-3191-CII-2018 in CMM-159-2017 and FAO-M-55-2017 2

as a Constable. Admittedly, a sum of Rs.7500/- per month was awarded to

the respondent/wife in proceedings under Section 125 Cr.P.C. by the

Judicial Magistrate First Class, Kaithal, as well as in the application under

Section 24 of the Hindu Marriage Act before the lower Court.

A serious controversy has been raised by the counsel for

the appellant-husband regarding the income from the agricultural land.

Be that as it may, the appellant-husband cannot be

absolved of his statutory liability to pay maintenance pendente lite to the

applicant-respondent/wife, especially when she is incapable of earning.

On asking of the Court, it has been informed by the

counsel for the appellant-husband that he is living in a joint family with his

family members.

In view of above circumstances, it can be presumed that

the appellant-husband, being a member of joint family, is not required to

spend separately for food and shelter and the respondent/wife is entitled to

maintenance pendente lite commensurate with the economic status and

earning capacity of the appellant-husband. A sum of Rs.15,000/- per month

is considered to be sufficient enough to enable the respondent/wife to

survive and live a dignified and respectable life.

Application under Section 24 of the Hindu Marriage Act

is allowed and the respondent/wife is awarded a sum of Rs.15,000/- per

month as maintenance pendente lite which shall be payable from the date of

application i.e. October 2017. It is made clear that any amount being paid

towards maintenance in proceedings under Section 125 Cr.P.C. or any other

proceedings, will be deductible from the amount of Rs.15,000/- per month

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CM-3191-CII-2018 in CMM-159-2017 and FAO-M-55-2017 3

awarded by this Court today. The amount if any paid will be deductible

while calculating the amount due. Applicant-respondent/wife is also

awarded a sum of Rs.50,000/- as litigation expenses. A sum of Rs.20,000/-

already paid towards interim litigation will be deductible from the amount

of Rs.50,000/- awarded today.

For payment of entire arrears of maintenance pendente

lite as calculated upto 31.7.2018, after adjustments as stated above, as well

as balance of litigation expenses, adjourned to 13.7.2018.

(M.M.S. BEDI)
JUDGE

February 16, 2018. (GURVINDER SINGH GILL)
raj arora JUDGE

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