225 CMM-77-2016 in
AMARDEEP V/S JYOTI BALA
Present: Mr. H.S. Kaler, Advocate, for
Mr. Gurcharan Dass, Advocate,
for the non-applicant/appellant-husband.
Mr. Bhrigu Dutt Sharma, Advocate,
for the applicant/respondent-wife.
This is an application under Section 24 of the Hindu Marriage
Act filed by the applicant/respondent-wife for grant of maintenance
pendente lite @ Rs.40,000/- per month on the ground that she is not having
any independent source of income and is required to take care of minor
daughter who is aged 6 years and studying in Hargobind Public School at
Jalandhar. It is averred in the application that the non-applicant/appellant-
husband is an able bodied person and running a cloth shop under the name
and style of M/s Ram Murti and Sons at Shop No.16, near bus stand, Rohru,
District Shimla and is having two godowns from which he is having rental
income. He has got income of Rs.50,000/- per month from the shop and
godowns. Besides this, he is partner in the factory run by his family
members under the name and style of M/s ASK Enterprises, near Dhandari
The non-applicant/appellant-husband has filed reply to the
application claiming that the applicant/respondent-wife is also running a
boutique and earning sum of Rs.25,000/- per month. She has been granted
interim maintenance @ Rs.3000/- per month which has not been disclosed
in the application. A sum of Rs.1500/- has been awarded to the daughter
besides a sum of Rs.4,000/- as litigation expenses in proceedings under
Section 125 Cr.P.C.
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The non-applicant/appellant-husband has not admitted that he
is running a cloth shop or that earning sum of Rs.50,000/- per month. He
has also denied partnership in M/s ASK Enterprise, near Dhandari Kalan,
Ludhiana. He claims that he is an handicapped person with both lower
limbs and suffers disability of 45% as per certificate from the office of Civil
Surgeon, Gurdaspur, copy of which has been appended as Annexure A-7.
We have considered the rival contentions of both the parties
and are of the opinion that the non-applicant/appellant-husband is able to
earn and he has vaguely denied his profession to be a shopkeeper and
having income from the godowns. He has not disclosed his source of
On asking of the Court, it has been informed that a sum of
Rs.5,000/- per month had been awarded as maintenance pendente lite by
the lower Court in proceedings under Section 24 of the Hindu Marriage Act
in the year 2013 which included sum of Rs.2000/- for the minor child born
out of the wedlock.
Taking into consideration the escalation of prices and the age
of the minor child having increased, a sum of Rs.8,000/- per month is
considered to be reasonable amount for maintenance pendente lite. The
said amount will be payable with effect from the date of application i.e.
April, 2016. The litigation expenses are assessed as Rs.25,000/-. A sum of
Rs.20,000/- already paid will be adjustable. A sum of Rs.5,000/- will be
payable as litigation expenses as balance. It is made clear that the amount
paid in proceedings under Section 125 Cr.P.C would be adjustable.
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Application under Section 24 of the Hindu Marriage Act, is
allowed in the above said manner.
For payment of entire arrears of maintenance calculated till
31.05.2018 and the litigation expenses, adjourned to 10.05.2018.
February 05, 2018. (GURVINDER SINGH GILL)
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