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Deepak vs Neetu @ Nitin on 1 August, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(225) FAO-6811-2016 (OM)
Date of Decision: August 01, 2018.

Deepak
…. Appellant
Versus

Neetu @ Nitin
….. Respondent

CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present: Mr. Manoj Makkar, Advocate, for the appellant.

Mr. Punit Malik, Advocate, for the respondent.

M.M.S. BEDI, J (ORAL)

This appeal has been preferred by the appellant-husband

against order dated 03.10.2016 granted maintenance pendente lite at the rate

of Rs.18,000/- per month to the respondent-wife as she is also maintaining a

minor child born out of the wedlock.

It is an admitted fact that family of the appellant owns number

of properties consisting of plots and agricultural land in villages Khandsa,

Kankrola, Bhangrola and Patili Hazipur. It is also not disputed that good

amount of compensation of acquisition of some of the properties, has been

received by the family of the appellant. The lower Court, taking into

consideration the circumstances, has awarded maintenance pendente lite at

the rate of Rs.18,000/- per month besides litigation expenses of Rs.2200/-.

Counsel for the respondent has opposed the appeal contending

that the amount awarded is reasonable amount and that the respondent-wife

is entitled to be maintained as per the status of her husband.

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FAO-6811-2016 (OM) -2-

During course of arguments, it transpires that a sum of

Rs.7000/- per month has been awarded to the respondent-wife by Judicial

Magistrate Ist Class, Gurgaon exercising the powers under the Protection of

Women from Domestic Violence Act.

The scope of interference in the order of interim maintenance is

very meager. Order passed under Section 24 of the Hindu Marriage Act is

not appealable as per the provisions of the Hindu Marriage Act but on

account of the provisions of Section 19 of the Family Courts Act, every

order is appealable and that too before a Division Bench of the High Court.

We have considered the facts and circumstances of the case and

we do not find any ground to interfere in the well reasoned order passed by

the lower Court taking into consideration the circumstances that the

respondent-wife is shouldering the responsibility alone for bringing up the

minor child.

Only relief which can be granted to the appellant is that he can

be made liable to pay sum of Rs.18,000/- per month after adjusting a sum of

Rs.7000/- which has been ordered by Judicial Magistrate Ist Class, Gurgaon

exercising the powers under the Protection of Women from Domestic

Violence Act.

The appeal is dismissed with an observation that in case sum of

Rs.7000/- is paid in proceedings under the Protection of Women from

Domestic Violence Act, the said amount will be adjustable against the

monthly amount of Rs.18,000/- in proceedings under Section 24 of the

Hindu Marriage Act.

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Parties are directed to appear before the lower Court on

07.08.2018.

It is ordered that in case the entire arrears of the maintenance

amount as awarded by the lower Court and calculated as per the clarification

made by this Court hereinbefore, are not paid within a period of one month

after the next date of hearing fixed before the lower Court, it will be open to

the lower Court to strike of the defence of the appellant-husband in

proceedings under Section 13 of the Hindu Marriage Act initiated by the

respondent-wife in the lower Court.

(M.M.S. BEDI)
JUDGE

August 01, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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