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Judgments of Supreme Court of India and High Courts

Jasbir Singh vs Sukhjit Kaur on 15 January, 2018

236 CMM-49-2016 and/in
FAO-317-M-2005

JASBIR SINGH
V/S
SUKHJIT KAUR

Present: Mr. Vishal Rattan Lamba, Advocate,
for the applicant-respondent.

Mr. Inderjeet Singh, Advocate,
for the non-applicant/appellant.

*****

CMM-49-2016

This application has been filed under Section 24 of the Hindu

Marriage Act for enhancement of maintenance pendente lite from

Rs.15,000/- per month awarded vide order dated 17.02.2012 to Rs.30,000/-

per month, in view of increase of income of the non-applicant/appellant-

husband, in order to enable the applicant/respondent-wife to meet the living

as well as the educational and other expenses of the son of the parties.

Vide order dated 17.02.2012, a sum of Rs.8,000/- and

Rs.7,000/- was assessed for the mother and the son respectively as amount

of the maintenance pendente lite in view of the fact that the non-

applicant/appellant-husband was earning a sum of Rs.40,000/- per month by

working as Pharmacist. It is claimed that monthly salary of the husband has

enhanced to Rs.58,890/- per month. There is apparently increase of salary

to the extent of Rs.17,000/-.

Vide order dated 21.12.2017, it was specifically ordered that in

case reply is not filed, the application will be decided on the basis of

material provided by the applicant-respondent. Non-applicant/appellant-

husband has failed to file any reply or documents to oppose the application.

Annexures P-10 to P-14 have been placed on record to establish

that the salary of the non-applicant/appellant-husband is Rs.58,890/-. The

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CMM-49-2016 and/in -2-

FAO-317-M-2005

documents Annexure P-13 and P-14 show that 6 acres of land is owned by

the non-applicant/appellant-husband.

Taking into consideration the above said circumstances, we

find that on account of escalation of prices and the needs of the son, born

out of the wedlock, the maintenance amount awarded for mother and son,

can be enhanced.

Order dated 17.02.2012 is hereby modified and it is ordered

that the applicant/respondent-wife will be entitled to enhanced maintenance

of Rs.2000/- each i.e. mother would be entitled to maintenance @

Rs.10,000/- per month and the son will be entitled to maintenance @

Rs.9,000/-, as such the total amount of interim maintenance is enhanced

from Rs.15,000/- to Rs.19,000/- per month with effect from the date of this

order. The applicant/respondent-wife will be entitled to receive the said

amount.

The application under Section 24 of the Hindu Marriage Act is

allowed in the aforesaid manner.

FAO-317-M-2005

The appeal is already ordered to be listed for final disposal on

16.02.2018. This will be subject to clearance of entire arrears of

maintenance.

(M.M.S. BEDI)
JUDGE

January 15, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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