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Judgments of Supreme Court of India and High Courts

Devender vs Mamta on 10 September, 2018

237 FAO-M-78-2017 with CMM-120-2017 (OM)


Present: Ms. Monika Singh, Advocate, for
Mr. Anil Kumar Gahlawat, Advocate, for the appellant.

Mr. I.P.S. Kohli, Advocate,
for the respondent.


Civil miscellaneous application (CM-4215-CII-2018) is

allowed and reply to the application under Section 24 of the Hindu Marriage

Act is permitted to be taken on record.

Aggrieved by the dismissal of his petition for divorce and

against the dismissal of her petition under Section 9 of the Hindu Marriage

Act, two separate appeals have been filed by the husband and the wife

which are pending before this Court as FAO-M-78-2017 titled as Devender

Vs. Mamta and FAO-824-2016 titled as Mamta Vs. Devender.

An application under Section 24 of the Hindu Marriage Act has

been filed by the applicant/respondent-wife for grant of maintenance

pendente lite at the rate of Rs.20,000/- per month and litigation expenses of

Rs.50,000/-. The applicant/respondent-wife claims that she is not doing any

work whereas the non-applicant/appellant-husband is running a construction

company and earning a reasonably good amount.

Since the allegations in the reply are vague, on asking of the

Court, it has been informed that the applicant/respondent-wife had been

granted a sum of Rs.7500/- per month but it was later on reduced to

Rs.5000/- per month by this Court in proceedings under Section 24 of the

Hindu Marriage Act in the month of March, 2017.

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02-10-2018 15:42:03 :::
FAO-M-78-2017 with CMM-120-2017 (OM) -2-

Taking a judicial notice of the escalating prices, we deem it

appropriate to grant maintenance pendente lite at the rate of Rs.7000/- per

month with effect from the date of application i.e. August, 2017. Litigation

expenses are assessed as Rs.35,000/-. A sum of Rs.20,000/-, earlier paid,

will be deductible from the amount of Rs.35,000/-.

Application under Section 24 of the Hindu Marriage Act, is

allowed in above said manner.

For payment of the entire arrears of maintenance pendente lite

calculated till 31.12.2018 and balance of litigation expenses, adjourned to



September 10, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE

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02-10-2018 15:42:04 :::

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