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Daljeet Kaur vs Harmeet Singh on 30 January, 2018

229 FAO-3852-2016 and CMM-96-2016


Present: Ms. Harmanpreet Kaur, Advocate, for the appellant.

Mr. Puneet Gupta, Advocate, for the respondent.



This is an application under Section 24 of the Hindu Marriage

Act filed by the appellant-wife claiming a sum of Rs.55,000/- as litigation

expenses and Rs.35,000/- per month as maintenance pendente lite, claiming

that the respondent-husband is doing the business of manufacturing RO

Water Purifiers and sale purchase/repair of the same and is earning Rs.1 lac

per month. She claims that she is unable to maintain herself and she has got

no source of income.

The respondent-husband has claimed that he is earning not

more than Rs.10,000/- and is assisting his father in the RO business.

We have heard counsel for both the parties.

No specific documentary evidence has been brought on the

record to enable this Court to form a conclusion regarding the actual income

of the respondent-husband but since the family business of RO has been

admitted and the actual income of the company or the income of individual

respondent-husband has not been disclosed, a bit of estimation would be

permissible, in said circumstances, to determine his income.

The respondent-husband is an able bodied person having a

family RO business. The income of Rs.10,000/- to Rs.20,000/- has been

admitted orally but it has not been disclosed in the reply.

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FAO-3852-2016 and CMM-96-2016 -2-

In view of above circumstances, we deem it appropriate to

grant maintenance pendente lite @ Rs.10,000/- per month. The said amount

will be payable with effect from the date of application i.e. June, 2016. The

litigation expenses are assessed as Rs.50,000/-.

Application under Section 24 of the Hindu Marriage Act, is

allowed in aforesaid manner.

For payment of entire arrears of maintenance calculated till

31.05.2018 and the litigation expenses, adjourned to 10.05.2018.

Record of the trial Court be also requisitioned for said date.


January 30, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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