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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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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