236 FAO-1611-2016 with CMM-91-2018
Present: Mr. Arun Bansal, Advocate, for the appellant.
Mr. P.S. Dhaliwal, Advocate, for the respondent.
Reply to application under Section 24 of the Hindu Marriage
Act has been filed in the Court today. Copy given.
Aggrieved by the dismissal of his petition for divorce, the
appellant-husband has preferred appeal before this Court.
During pendency of the appeal, the respondent-wife has filed
an application under Section 24 of the Hindu Marriage Act claiming
maintenance pendente lite at the rate of Rs.30,000/- per month besides
claiming litigation expenses of Rs.22,000/- alleging that the appellant-
husband is having a readymade garments shop and is earning a sum of
Rs.50,000/- per month besides having moveable and immoveable properties,
residential house and commercial shop. His total income from all the
resources is alleged to be Rs.80,000/- per month.
The application has been contested inter alia on the ground that
the respondent-wife is already getting maintenance allowance of Rs.3800/-
per month in proceedings under Section 125 Cr.P.C. It has been brought to
the notice of the Court that the appellant-husband is maintaining two
children born out of the wedlock after arranging the funds from here and
there. He claims that he is a Salesman in a garments shop. The appellant-
husband, present in the Court, informs that he is only earning a sum of
Rs.9000/- per month. Unfortunately, the allegation of mental illness has
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been levelled against the respondent-wife. One of the children born out of
the wedlock, in custody of the appellant-husband, is suffering from epilepsy
and requires constant medical care and attention.
We have considered the facts and circumstances of the case. In
peculiar circumstances of the case, we are of the opinion that the appellant-
husband cannot run away from his liability to maintain his wife during
pendency of the matrimonial litigation. No doubt, he is burdened with the
responsibility of looking after two minor children but at the same time, he
cann ignore the responsibility of maintaining his wife especially when she
has got no source of income.
The respondent-wife claims that the appellant-husband is
earning a sum of Rs.80,000/- per month whereas the appellant-husband has
come forward with the fact that his income is only Rs.9000/- per month as a
Salesman on the garments shop.
In view of the large difference between the claim of both the
parties regarding the income of appellant-husband, we are of the opinion
that a bit of estimation would be required for the purpose of determining the
amount of maintenance pendente lite and litigation expenses to be paid by
The appellant-husband is an able bodied person having long
experience of running garments shop. As per the respondent-wife, he is
running his own shop by working in the shop of his father whereas he
claims to be just an employee earning only Rs.9000/- per month.
Considering him to be equivalent to a skilled labourer, monthly income of
the appellant-husband is assessed to be not less than Rs.20,000/-. In view of
the fact that he is maintaining two children born out of the wedlock, a sum
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of Rs.5000/- will be sufficient enough for the respondent-wife towards the
maintenance pendente lite. The said amount will be payable with effect from
the date of application i.e. April, 2018. It is made clear that a sum of
Rs.3800/- per month would be required to be adjusted against the amount of
Rs.5000/-, in case it is being paid pursuant to the order passed by the
Magistrate in proceedings under Section 125 Cr.P.C. Litigation expenses
are assessed as Rs.22,000/-. A sum of Rs.20,000/- earlier paid will be
deductible from the amount of Rs.22,000/-.
Application under Section 24 of the Hindu Marriage Act is
allowed in above manner.
For payment of entire arrears of maintenance pendente lite and
balance of litigation expenses, adjourned to 17.10.2018.
July 12, 2018 (ANUPINDER SINGH GREWAL)
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