237 FAO-M-78-2017 with CMM-120-2017 (OM)
DEVENDER
V/S
MAMTA
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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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
13.12.2018.
(M.M.S. BEDI)
JUDGE
September 10, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE
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