SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Dilbag Singh vs Harbhajan Kaur on 24 November, 2017


CMM-4-2016 and


Present: None for the appellant.

Mr. Chanan Singh, Advocate
for the respondent.

This application will dispose of an application under Section 24

of the Hindu Marriage Act filed by respondent-wife.

The husband had filed a petition under Section 13 of the

Hindu Marriage Act which was dismissed by the Additional District Judge,


Aggrieved by the said decree, the husband has preferred this

In the application filed under Section 24 of the

Hindu Marriage Act, the applicant-wife has submitted that she has got no

source of income, whereas the respondent was serving in Punjab Police, he

left India and settled in United States and started his business of eating joint,

earned handsome income and later on, returned to India, where he

developed relations with one Joginder Kaur. Regarding the family, it is

averred in the application that out of the wedlock, three sons and two

daughters were born who are grown-up and settled independently in their

lives. The non-applicant/husband has not paid any maintenance till date.

She claims sum of `20,000/- per month as maintenance pendente lite to

enable her to maintain herself.

The application has been opposed admitting that the

non-applicant had left India and had run business of eating joint in USA.

1 of 3
29-11-2017 00:10:25 :::
CMM-4-2016 and FAO-M-405-2015 2

In order to evade the liability of maintenance, it has been mentioned that

self-acquired land measuring 17 kanals, 4 marlas worth `25 lakh and

another plot of 42 marlas worth `1 crore in village Laroi near Bhogpur was

transferred to the applicant and that she had left with her sons for USA.

The applicant has filed rejoinder and denied transfer of any

property to her. No document has been placed on record by any of the

parties indicating any transfer of property to the applicant in lieu of amount

of maintenance. The non-applicant has not denied that he is a pensioner

from Punjab Police. The marriage of the parties had taken place in the year

1972. Counsel for the applicant has submitted that the husband has been

convicted for the accusation of bigamy.

Without expression of any opinion regarding any matrimonial

bond of the non-applicant/husband, we are of the considered opinion that

the applicant is not established to be an earning hand. It is not the case of

the husband that she is capable of earning independently or that she has got

any source of income. Though her address of USA is mentioned in the

petition for divorce but it is admitted fact that both the parties are at present

residing in India. The non-applicant/husband is an able-bodied person with

good earning capacity besides being a pensioner. He cannot evade his

liability to pay maintenance pendente lite to his wife which is a statutory

right of the wife, especially when the wife is not established to be earning.

We are satisfied that the applicant-wife is entitled to be maintained during

pendency of the appeal.

Application under Section 24 of the Hindu Marriage Act is


2 of 3
29-11-2017 00:10:26 :::
CMM-4-2016 and FAO-M-405-2015 3

It is ordered that a sum of `15,000/- will be paid by the

appellant-husband to the applicant-wife during pendency of the appeal

besides litigation expenses of `30,000/-.

Sum of `20,000/- earlier paid will be deductible from the

amount of litigation expenses

The maintenance pendente lite will be payable from the date of

the application i.e. December, 2015.

For payment of the arrears of maintenance pendente lite and

litigation expenses, adjourned to 15.12.2017.

Entire arrears calculated till 31.01.2018 will be paid on next

date of hearing.


November 24th, 2017 (AUGUSTINE GEORGE MASIH)
Puneet JUDGE

3 of 3
29-11-2017 00:10:26 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation