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Amit vs Poonam on 21 September, 2018

CMM-150-2018 and FAO-M-194-2017

Amit Vs Poonam

PRESENT Mr.Neeraj Yadav, Advocate,
for the appellant-husband.

Mr.Ajit Kumar Sharma, Advocate, for
Mr.R.D.Yadav, Advocate,
for the respondent-wife.

Aggrieved by the dismissal of his petition for divorce,

the husband has preferred this appeal before this Court

During pendency of the appeal, the respondent-wife has

moved an application under Section 24 of the Hindu Marriage Act, for grant

of maintenance pendente lite @ Rs.40,000/- per month as well as litigation

expenses to the tune of Rs.55,000/- claiming that the applicant/respondent-

wife has no source of income and is unable to maintain herself whereas the

appellant-husband is a graduate in Computer Applications, working with a

Limited Company and earning a sum of Rs.60,000/- per month. It is claimed

that the appellant-husband has also got earnings from ancestral agricultural

land measuring 12 acres in the village and four plots in different cities

besides one residential house.

The appellant-husband has contested the application by

filing reply to the effect that the respondent-wife is an educated lady, able to

maintain herself whereas the appellant-husband is still a student pursuing

his degree of Bachelor of Arts and that a sum of Rs.9,000/- per month had

been awarded in proceedings under Section 24 of the Hindu Marriage Act,

by the lower Court which he has been paying regularly to the respondent-

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CMM-150-2018 and FAO-M-194-2017

wife as maintenance. The appellant-husband has altogether denied that he

has got any degree in Computer Applications or that he is working in a

Limited Company.

We have considered the facts and circumstances of the

case. Both the parties have not made available any relevant material before

this Court to enable this Court to arrive at a definite conclusion regarding

the actual income of the appellant-husband. However, it is admitted that the

appellant-husband is an able bodied, educated person, capable of earning.

He has been paying a sum of Rs.9,000/- per month the respondent-wife as

per the order passed by the lower Court in proceedings under Section 24 of

the Hindu Marriage Act. We have taken judicial notice of the fact that there

has been steep hike in prices of essential commodities during the last 2-3

years and it would be reasonable, in the interest of justice, to enhance the

amount of Rs.9,000/- per month, awarded by the lower Court, to a sum of

Rs.12,000/- per month in proceedings under Section 24 of the Hindu

Marriage Act, before this Court as the respondent-wife is shouldering the

responsibility of maintaining a minor child born out of the wedlock single

handed.

The application under Section 24 of the Hindu Marriage

Act is allowed and the respondent-wife is awarded a sum of Rs.12,000/- per

month as maintenance pendente lite which will be payable by the appellant-

husband from the date of application i.e. May 2018. A sum of Rs.30,000/- is

awarded towards litigation expenses. Rs.25,000/- earlier paid towards

interim litigation expenses would be adjustable against the amount awarded

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CMM-150-2018 and FAO-M-194-2017

by this Court.

For payment of entire arrears of maintenance pendente

lite as calculated till 31.12.2018 as well as balance amount of litigation

expenses, to come up on 7.12.2018.

(M.M.S. BEDI)
JUDGE

September 21, 2018. (ANUPINDER SINGH GREWAL)
raj arora JUDGE

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