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Jatinder Kumar vs Vijayta Sharma on 26 April, 2018

CM-6263-CII-2018 IN/AND CMM-13-2018 IN FAO-M-149-2017

Jatinder Kumar Vs Vijayta Sharma

PRESENT Mr.D.S.Kamra, Advocate,
for the appellant-husband.

Ms.Suminderdeep Kaur, Advocate, for
Mr.Imran Farooqi, Advocate,
for the respondent-wife.

Misc. application CM-6263-CII-2018, is allowed.

Document Annexure R1, Salary Certificate of respondent-wife is taken on

record.

Aggrieved by the dismissal of his petition under Sections

12 and 13 of the Hindu Marriage Act, the appellant-husband has preferred

the present appeal.

During pendency of the appeal, respondent-wife filed

application under Section 24 of the Hindu Marriage Act, claiming

maintenance pendent lite @ Rs.30,000/- per month alleging that the

appellant-husband is having income of Rs.43,600/- per month as he is

working as a Lab Assistant in the U.I.E.T. Department of the Panjab

University, Chandigarh. He has also been allotted a residential

accommodation in the Panjab University, Sector 14, Chandigarh.

The application has been resisted by the appellant-

husband submitting that the appellant-wife is highly educated having a dual

MBA degree to her credit and her earnings are almost equivalent to the

appellant-husband.

We have considered the facts and circumstances of the

present case and find that a sum of Rs.5,000/- per month was awarded by

the lower Court as maintenance pendent lite in the application under Section

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24 of the Hindu Marriage Act. Merely because the appellant-wife has higher

qualifications to her credit and has got earning capacity will not, ipso facto,

prejudice her right under Section 24 of the Hindu Marriage Act.

We have also considered the contention of the counsel

for the appellant-husband that the respondent-wife is staying in Working

Women Hostel where the expenses are less than Rs.3,000/- per month.

It is not denied that the appellant-husband is residing in

the official accommodation allotted to him by the University. On account of

matrimonial controversy between the parties, the respondent-wife has been

compelled to stay away from the matrimonial house in a Working Women

Hostel and is not enjoying the facilities commensurate with those being

enjoyed by the appellant-husband. A perusal of salary certificate of the

appellant-husband shows that he was drawing gross salary of rs.44,166/- in

February 2018, whereas as per Salary Certificate of respondent-wife, she is

drawing gross salary of Rs.24,897/-.

In view of above and taking into consideration the fact

that the respondent-wife had been awarded a sum of Rs.5,000/- per month

as maintenance pendent lite by the lower Court and further taking into

consideration the escalation of prices, the application under Section 24 of

the Hindu Marriage Act, is allowed. A sum of Rs.6,000/- per month is

awarded as maintenance pendent lite to the respondent-wife which shall be

payable from the date of application i.e. January 2018. Litigation expenses

to the tune of Rs.30,000/- are also awarded. The amount already paid

towards interim litigation expenses will be adjustable.

For payment of entire arrears of maintenance calculated

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CM-6263-CII-2018 IN/AND CMM-13-2018 IN FAO-M-149-2017

till 31.7.2018 and balance amount of litigation expenses, to come up on

18.7.2018.

(M.M.S. BEDI)
JUDGE

April 26, 2018. (GURVINDER SINGH GILL)
raj arora JUDGE

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