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Sonu vs Kapil on 22 March, 2018

215 FAO-M-269-2015 CMM-114-2015

SONU
V/S
KAPIL

Present: Mr. Gaurav Jain, Advocate, for the appellant-wife.

None for the respondent-husband.

*****

Claiming that she was unable to earn and was dependent on her

parents, the appellant-wife has sought maintenance pendente lite by filing

an application under Section 24 of the Hindu Marriage Act to the extent of

Rs.15,000/- per month besides litigation expenses of Rs.21,000/-.

It is averred in the application that the respondent-husband is

working as commission agent and property dealer and is also having

agricultural land besides having moveable and immovable property in his

name and was earning sum of Rs.50,000/- per month.

No reply has been filed by the respondent-husband despite

repeated opportunities having been given. Reply has not been filed today

even. No one has put in appearance on behalf of the respondent-husband to

deny the averments in the application.

We have taken into consideration the facts and circumstances

of this case. Though, we do not have any documentary evidence before us to

determine the actual income of the respondent-husband but on the basis of

his implied admission and taking into consideration the fact that a sum of

Rs.4000/- per month has been awarded to the wife by the Chief Judicial

Magistrate, Fatehabad, in proceedings under Section 12 of the Protection of

Women from Domestic Violence Act, the respondent-husband is held liable

to pay the maintenance pendente lite.

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FAO-M-269-2015 CMM-114-2015 -2-

The respondent-husband being an able bodied person, capable

of earning, having not denied to be working as commission agent/property

dealer, having own agricultural land, it can be presumed that he would be

earning not less than a sum of Rs.30,000/- per month.

In view of said circumstances, application under Section 24 of

the Hindu Marriage Act, is allowed. The appellant-wife is awarded a sum

of Rs.10,000/- per month as maintenance pendente lite. The said amount

will be payable with effect from the date of application i.e. May, 2015.

Litigation expenses are assessed at Rs.21,000/-. It is made clear that in case

the respondent-husband has already paid any amount in any other

proceedings of maintenance to the appellant-wife, the said amount would be

deductible from the amount awarded by this Court.

For payment of arrears of maintenance pendente lite calculated

upto 31.07.2018 and the litigation expenses, adjourned to 24.07.2018.

(M.M.S. BEDI)
JUDGE

March 22, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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