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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON’BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 5 th OF DECEMBER, 2023
MISC. PETITION No. 5079 of 2023

BETWEEN:-
SMT. GURLEEN KAUR W/O SHRI SHAMSHER SINGH
GANDHI, AGED ABOUT 31 YEARS, OCCUPATION:
HOMEMAKER R/O I-404, SILVER SCREEN, PHASE-II,
BYPASS, INDORE (MADHYA PRADESH)

…..PETITIONER
(BY SHRI RAVINDRA SINGH CHHABRA SENIOR ADVOCATE WITH SHRI
MUDIT MAHESHWARI – ADVOCATE)

AND
SAMSHER SINGH GANDHI S/O SHRI RAJENDRA SINGH
GANDHI, AGED ABOUT 33 YEARS, OCCUPATION:
BUSINESS R/O FLAT NO. 1 AND 13, UMANG BUILDING,
16 ROAD, OPP. RAJESH KHANA GARDEN, SANTACRUZ
(WEST) MUMBAI (MAHARASHTRA)

…..RESPONDENT
(BY SHRI AMAR SINGH RATHORE – ADVOCATE)

T h is petition coming on for orders this day, t h e cou rt passed the

following:
ORDER

The present petition is filed under Article 227 of the Constitution of India
challenging the order dated 18/4/2023 passed by First Additional Principal
District Judge, Family Court, Indore in RCS (HM) 1035/2021. The matter was
referred for mediation. The report has been received that mediation has failed.

2. The facts of the case are that the petitioner and the respondent entered
into wedlock on 19/11/2017 as per Sikh rites. The respondent has filed a
divorce petition against the petitioner on 22/6/2021 under Section 13(1)(1-A) of
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 05-12-2023
17:40:22
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Hindu Marriage Act. The petitioner filed an application under Section 24 of
Hindu Marriage Act seeking maintenance pendente lite of Rs.2,00,000/- per
month. As per the judgment passed by the Apex Court in the case of Rajnesh
Vs. Neha reported in 2021 (2) SCC 324, she filed affidavit and in the affidavit
specific statement is made that she is not earning anything. It was also stated
that the respondent is having two wheeler showroom and is a registered
Chartered Accountant. The Court has awarded only Rs.7000/- per month under
Section 24 of the Act.

3. It is further argued that Rs.7000/- maintenance has been awarded under
Section 125 of Cr.P.C proceedings which is to be adjusted as per the law and

in that case the petitioner is getting only Rs.7000/- per month.

4. In rebuttal, counsel for the respondent submits that the petitioner is a
Make-up artist and she is earning as a Make-up artist. The trial Court has
recorded a finding that though documents have been filed by the respondents to
show that the petitioner is a make-up artist but there is no document to show
that she is earning being make-up artist. Apart from that the Trial Court found
that the contention of the respondents that his two wheeler agency has been
terminated, can only be adjudicated after evaluation of evidence.

5. I have heard learned counsel for the parties. To appreciate the rival
submissions, it would be appropriate to reproduce the provisions of Section 24
of the Hindu Marriage Act:-

24. Maintenance pendente lite and expenses of
proceedings-Where in any proceeding under this Act it
appears to the court that either the wife or the husband, as the
case may be, has no independent income sufficient for her or
his support and the necessary expenses of the proceeding, it
may, on the application of the wife or the husband, order the
respondent to pay to the petitioner the expenses of the
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 05-12-2023
17:40:22
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proceeding, and monthly during the proceeding such sum as,
having regard to the petitioner’s own income and the income
of the respondent, it may seem to the court to be reasonable:

1[Provided that the application for the payment of the
expenses of the proceeding and such monthly sum during the
proceeding, shall, as far as possible, be disposed of within
sixty days from the date of service of notice on the wife or
the husband, as the case may be.]

6. Under Section 24 of the Hindu Marriage Act, the Court is required to
take into consideration the income of the parties before deciding the quantum of
interim maintenance. The Court has to keep in view the need of the petitioner
and the paying capacity of the respondent.

7. In the light of the aforesaid, if the facts of the present case are
examined, it is apparent that in the affidavit, the petitioner has stated that she has
no income. On the contrary, she has produced Income Tax returns of the
respondent No.2 and admittedly according to the respondent after termination
of two wheeler agency, he is practising as a Chartered Accountant. The Court
has recorded a finding that the respondent could not prove the fact at present
the two wheeler agency has been terminated and the same can only be
determined after evaluation of evidence. Considering the object of Section 24 of
Hindu Marriage Act and the facts of the present case, I find that the
maintenance pendente lite awarded by the Court is on very low side and,
therefore, the present petition is partly allowed and the amount of maintenance

is enhanced from Rs.7000/- to Rs.15000/- per month. The enhanced amount
shall be paid w.e.f 15/3/2022 and the difference of the said amount shall be paid
within period of one month from today and the petitioner shall continue to pay
Rs.15000/- per month till the matter is decided by the Trial Court.

8. With the aforesaid, the petition is disposed off.
Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 05-12-2023
17:40:22
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(VIJAY KUMAR SHUKLA)
JUDGE
Pramod

Signature Not Verified
Signed by: PRAMOD
KUSHWAHA
Signing time: 05-12-2023
17:40:22