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Judgments of Supreme Court of India and High Courts

Rampal Singh vs Sunita Rani on 19 March, 2018

215 FAO-M-150-2008 with CMM-167-2017

RAMPAL SINGH V/S SUNITA RANI

Present: Mr. Lajpat Sharma, Advocate, for the appellant.

Mr. M.S. Chahal, Advocate, for the respondent.

*****

Reply to application under Section 24 of the Hindu Marriage

Act has been filed on behalf of non-applicant/appellant-husband,

mentioning therein that during pendency of this appeal, a joint petition

under Section 13-B of the Hindu Marriage Act had been filed before the

District Judge, Jhajjar on 15.01.2011 and the non-applicant/appellant-

husband had paid a sum of Rs.5 lacs to the applicant/respondent-wife on

29.10.2010 but at the second motion stage, the applicant/respondent-wife

had withdrawn her consent. A sum of Rs.5 lacs had also been returned.

The applicant/respondent-wife claims that the non-

applicant/appellant-husband is getting a salary of Rs.60,000/- per month but

the non-applicant/appellant-husband, present in the Court, informs that his

carry home salary is Rs.48,000/- per month and that he is paying a sum of

Rs.14,000/- per month in proceedings under Section 125 Cr.P.C. The said

contention has been rebutted by counsel for the applicant/respondent-wife

stating that arrears of Rs.68,000/- are still due.

We have heard counsel for both the parties on the application

under Section 24 of the Hindu Marriage Act.

Counsel for the non-applicant/appellant-husband has submitted

that the non-applicant/appellant-husband is looking after his old parents and

incur expenditure for the welfare of his parents as such he may not be

foisted with any liability beyond Rs.14,000/- per month as ordered in

proceedings under Section 125 Cr.P.C.

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We have considered the facts and circumstances of the case and

are of the opinion that there is no material on record indicating that the

applicant/respondent-wife is earning any amount but it is admitted fact that

she is bringing up a minor daughter born out of the wedlock. The said

daughter is 13 years old. All the expenses of education and bringing up is

to be met with by the applicant/respondent-wife.

In said circumstances, a sum of Rs.18,000/- per month is

considered bare minimum to prevent the applicant/respondent-wife from

starvation and to bring up the minor daughter. The said amount will be

payable to the applicant/respondent-wife with effect from the date of

application i.e. October, 2017. It is made clear that a sum of Rs.14,000/- per

month in proceedings under Section 125 Cr.P.C will be adjustable from the

amount awarded by this Court in proceedings under Section 24 of the Hindu

Marriage Act. Litigation expenses are assessed as Rs.40,000/-. Any sum

paid towards litigation expenses during pendency of this appeal is liable to

be adjusted against the said amount.

Application under Section 24 of the Hindu Marriage Act is

allowed in the above terms.

For payment of arrears of maintenance pendente lite and

litigation expenses, adjourned to 26.07.2018.

At this stage, counsel for both the parties submit that the matter

can be amicably settled, in case the matter is sent to the Mediation Centre

again.

We have considered the said request and are of the opinion that

the parties at one stage had opted to dissolve the marriage by decree of

divorce by mutual consent. There appears to be consensus between the

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parties regarding dissolution of marriage but on account of terms and

conditions being not acceptable to both, the matter could not be amicably

resolved.

Let both the parties, in said circumstances, appear before the

Mediation and Conciliation Centre of Punjab and Haryana High Court,

Chandigarh on 05.04.2018.

Litigation expenses would be paid to the applicant/respondent-

wife on said date.

Remaining arrears of maintenance pendente lite may be cleared

on or before the next date of hearing subject to final decision taken up

before the Mediation Centre.

For awaiting the report of Mediation Centre, to come up on

26.07.2018.

The non-applicant/appellant-husband has offered a sum of

Rs.10 lacs as permanent alimony. If the said amount is acceptable to the

applicant/respondent-wife, statement can be made before the Mediator.

(M.M.S. BEDI)
JUDGE

March 19, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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