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Amit Kumar vs Chanchal Rani on 9 July, 2018

219 CMM-115-2015 in


Present: Mr. B.P.S. Virk, Advocate
for the applicant-respondent.

Mr. Satpal Singh, Advocate
for the appellant-non-applicant.


This order will dispose of an application under Section 24

of the Hindu Marriage Act filed by the respondent-applicant-wife.

The petition filed by the non-applicant-husband for divorce

has been dismissed by the lower court. During pendency of this appeal

before this Court, the present application has been filed claiming that the

applicant-respondent has got no source of income, whereas the husband

is employed and was drawing salary of ` 24,000/- per month in the year

2013. She claims that she should be awarded ad interim maintenance of

` 15,000/- per month and sum of ` 20,000/- as litigation expenses.

The non-applicant-appellant has, in his reply, denied the

fact that the wife-applicant was not working. It is claimed that she was

earning ` 10,000/- to `15,000/- per month. He has leveled allegations of

harassment against the applicant-wife but has not denied his income and

claimed that he has got responsibility to look after his own father.

On the asking of the Court, learned counsel for the

applicant-wife informs that in proceedings under Section 125 Cr.P.C.,

the wife has been awarded sum of ` 5,000/- per month as maintenance,

whereas the child has been awarded maintenance at the rate of ` 3,000/-

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CMM-115-2015 in -2-


per month. It is claimed by the counsel for the applicant-wife that the

husband is working as a Senior Executive in HDFC Bank but no

document has been placed on record indicating the actual income of the

husband. A copy of the statement made by the non-applicant/husband in

his cross-examination that he is drawing a sum of ` 29,000/- per month

as salary has been made available which is taken on record. The said

statement was recorded on 12.05.2017 in the court of Civil Judge

(Senior Division), Patiala.

Without going into the details of the actual income of the

non-applicant/husband, we are of the opinion that he is an able bodied

person and is earning more than sum of ` 30,000/- per month. It is his

statutory duty to pay the maintenance pendente lite to his wife during the

pendency of the matrimonial litigation. The applicant-wife is

shouldering the responsibility of the minor child alone. Therefore, we

are of the opinion that a sum of ` 12,000/- per month is the bare

minimum, which is required to be paid by the husband/non-applicant to

the applicant-wife towards the maintenance pendente lite with effect

from the date of application i.e. June 2015. She is also held entitled to

litigation expenses of ` 20,000/-. It is made clear that any amount of

maintenance paid in proceedings under Section 125 Cr.P.C. for the said

period, will be deductable from the amount of maintenance awarded by

this Court.

The application is allowed in the above terms.

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A sum of ` 20,000/- has already been paid towards the

interim litigation expenses. The appellant-husband will not be required

to pay the said amount again.

For payment of the entire arrears of maintenance pendente

lite, adjourned to 17.09.2018.




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