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Raghbir Singh vs Shashi Bala on 5 February, 2018

236 –1–
CMM-34-2017 in FAO-M-348-2013

Raghbir Singh V/s Shashi Bala

Present: Mr. H.P.S. Ishar, Advocate,
for the applicant/respondent.

Mr. H.S. Baath, Advocate,
for non-applicant/appellant.

******

Decree of divorce has been granted to the respondent-wife vide

impugned judgment and decree dated 15.10.2013. Aggrieved by the said

decree, the husband has preferred this appeal.

During pendency of the appeal, the respondent-wife has filed

an application under Section 24 of the Hindu Marriage Act, 1955 seeking

interim maintenance @ ` 25,000/- per month and litigation expenses of

` 33,000/-. In the application the respondent-wife claims that she had been

granted maintenance for herself and for the minor daughter to the tune of

` 2,000/- per month in proceedings under Section 125 Cr.P.C.

The instant application was filed on 4.3.2017. A period of

almost one year has passed but no reply has been filed. As such we are

compelled to dispose of the application on the basis of the arguments raised

by counsel for both the parties.

On asking of the Court, it has been informed that the non-

applicant/appellant-husband is working as a plumber and his monthly

income is only ` 10,000/-.

We have considered the facts and circumstances of the case and

are of the opinion that the appellant-husband is admittedly a skilled person.

Even if, it is presumed that he is a skilled labourer, his income can be

presumed to be any amount more than the minimum wages fixed by the

State authorities. Entering into the gist of estimation, we hold that the

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CMM-34-2017 in FAO-M-348-2013 –2–

income of the appellant-husband being a skilled person is not less than

` 20,000/- per month.

It is not the case of the non-applicant/appellant-husband that

the applicant-respondent-wife is earning any amount. It is an admitted fact

that she is burdened with the responsibility of bringing up the minor child

borne out of their wedlock. A sum of ` 5,000/- is assessed as maintenance

pendente lite payable to the applicant-respondent-wife taking into

consideration her additional liability of bringing up the child. The amount

will be payable w.e.f. March 2017. It is made clear that any amount paid

towards the maintenance pendente lite under Section 125 Cr.P.C. would be

adjustable from the amount awarded under Section 24 of the Hindu

Marriage Act, 1984. The litigation expenses are assessed as ` 25,000/-.

` 15,000/- has already been paid.

The application under Section 24 of the Hindu Marriage Act,

1955 is allowed in above terms.

For payment of balance of litigation expenses of ` 10,000/- and

arrears of maintenance pendente lite @ ` 5,000/- per month from the date of

application i.e. March 2017, to come up on 5.4.2018.

Entire arrears is calculated till 30.4.2018 will be paid on next

date of hearing along with litigation expenses of ` 25,000/- after adjusting

sum of ` 15,000/- already paid.

(M.M.S. Bedi)
Judge

5.2.2018 (Gurvinder Singh Gill)
pankaj Judge

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