229 FAO-3852-2016 and CMM-96-2016
Present: Ms. Harmanpreet Kaur, Advocate, for the appellant.
Mr. Puneet Gupta, Advocate, for the respondent.
This is an application under Section 24 of the Hindu Marriage
Act filed by the appellant-wife claiming a sum of Rs.55,000/- as litigation
expenses and Rs.35,000/- per month as maintenance pendente lite, claiming
that the respondent-husband is doing the business of manufacturing RO
Water Purifiers and sale purchase/repair of the same and is earning Rs.1 lac
per month. She claims that she is unable to maintain herself and she has got
no source of income.
The respondent-husband has claimed that he is earning not
more than Rs.10,000/- and is assisting his father in the RO business.
We have heard counsel for both the parties.
No specific documentary evidence has been brought on the
record to enable this Court to form a conclusion regarding the actual income
of the respondent-husband but since the family business of RO has been
admitted and the actual income of the company or the income of individual
respondent-husband has not been disclosed, a bit of estimation would be
permissible, in said circumstances, to determine his income.
The respondent-husband is an able bodied person having a
family RO business. The income of Rs.10,000/- to Rs.20,000/- has been
admitted orally but it has not been disclosed in the reply.
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FAO-3852-2016 and CMM-96-2016 -2-
In view of above circumstances, we deem it appropriate to
grant maintenance pendente lite @ Rs.10,000/- per month. The said amount
will be payable with effect from the date of application i.e. June, 2016. The
litigation expenses are assessed as Rs.50,000/-.
Application under Section 24 of the Hindu Marriage Act, is
allowed in aforesaid manner.
For payment of entire arrears of maintenance calculated till
31.05.2018 and the litigation expenses, adjourned to 10.05.2018.
Record of the trial Court be also requisitioned for said date.
January 30, 2018. (GURVINDER SINGH GILL)
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