Present: None for the appellant.
Mr. Chanan Singh, Advocate
for the respondent.
This application will dispose of an application under Section 24
of the Hindu Marriage Act filed by respondent-wife.
The husband had filed a petition under Section 13 of the
Hindu Marriage Act which was dismissed by the Additional District Judge,
Aggrieved by the said decree, the husband has preferred this
In the application filed under Section 24 of the
Hindu Marriage Act, the applicant-wife has submitted that she has got no
source of income, whereas the respondent was serving in Punjab Police, he
left India and settled in United States and started his business of eating joint,
earned handsome income and later on, returned to India, where he
developed relations with one Joginder Kaur. Regarding the family, it is
averred in the application that out of the wedlock, three sons and two
daughters were born who are grown-up and settled independently in their
lives. The non-applicant/husband has not paid any maintenance till date.
She claims sum of `20,000/- per month as maintenance pendente lite to
enable her to maintain herself.
The application has been opposed admitting that the
non-applicant had left India and had run business of eating joint in USA.
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In order to evade the liability of maintenance, it has been mentioned that
self-acquired land measuring 17 kanals, 4 marlas worth `25 lakh and
another plot of 42 marlas worth `1 crore in village Laroi near Bhogpur was
transferred to the applicant and that she had left with her sons for USA.
The applicant has filed rejoinder and denied transfer of any
property to her. No document has been placed on record by any of the
parties indicating any transfer of property to the applicant in lieu of amount
of maintenance. The non-applicant has not denied that he is a pensioner
from Punjab Police. The marriage of the parties had taken place in the year
1972. Counsel for the applicant has submitted that the husband has been
convicted for the accusation of bigamy.
Without expression of any opinion regarding any matrimonial
bond of the non-applicant/husband, we are of the considered opinion that
the applicant is not established to be an earning hand. It is not the case of
the husband that she is capable of earning independently or that she has got
any source of income. Though her address of USA is mentioned in the
petition for divorce but it is admitted fact that both the parties are at present
residing in India. The non-applicant/husband is an able-bodied person with
good earning capacity besides being a pensioner. He cannot evade his
liability to pay maintenance pendente lite to his wife which is a statutory
right of the wife, especially when the wife is not established to be earning.
We are satisfied that the applicant-wife is entitled to be maintained during
pendency of the appeal.
Application under Section 24 of the Hindu Marriage Act is
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It is ordered that a sum of `15,000/- will be paid by the
appellant-husband to the applicant-wife during pendency of the appeal
besides litigation expenses of `30,000/-.
Sum of `20,000/- earlier paid will be deductible from the
amount of litigation expenses
The maintenance pendente lite will be payable from the date of
the application i.e. December, 2015.
For payment of the arrears of maintenance pendente lite and
litigation expenses, adjourned to 15.12.2017.
Entire arrears calculated till 31.01.2018 will be paid on next
date of hearing.
November 24th, 2017 (AUGUSTINE GEORGE MASIH)
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