224 CMM-143-2017 in
Present: Mr. Aditya Yadav, Advocate, for the appellant-husband.
Mr. Rajneesh Chadwal, Advocate, for the respondent-wife.
Aggrieved by the dismissal of his petition for divorce, the
appellant-husband has preferred this appeal.
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.20,000/- per month and litigation
expenses. It is averred in the application that the respondent-wife has no
source of income to maintain herself whereas the appellant-husband has
been working in Navy and drawing a salary of Rs.47,345/- per month. After
retirement, at the age of 33 years, the appellant-husband is drawing pension
at the rate of Rs.25,000/- per month along with other allowances and he is
also earning Rs.20,000/- by doing private work in Mahendergarh city.
The appellant-husband has filed reply to the application under
Section 24 of the Hindu Marriage Act denying that he is getting pension of
Rs.25,000/- per month. He has also denied to have any earning from any
private work. Pension Payment Order has been placed on record as
Annexure A-3 along with copy of pension account statement as Annexure
A-4 to submit that only sum of Rs.14,858/- per month was being received
by him towards pension.
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It has been submitted by counsel for the respondent-wife that
the appellant-husband has got re-employment as Clerk in the Haryana
Government and is now earning sum of Rs.25,000/- per month besides
We have considered the facts and circumstances of the case.
Appellant-husband is an able bodied person, capable of
earning. He being retired from Navy with experience to his credit is
certainly capable of earning and maintaining the respondent-wife. The
factum of he having been re-employed with the salary of Rs.25,000/- per
month, has not been denied by counsel for the appellant-husband.
It is an admitted fact that the trial Court had granted a sum of
Rs.5000/- per month in proceedings under Section 24 of the Hindu Marriage
Act. It is also admitted by the parties that in proceedings under the
Protection of Women from Domestic Violence Act, a sum of Rs.5000/- has
been ordered to be paid by the appellant-husband to the respondent-wife.
We have also considered the contention of the counsel for the
appellant-husband that he has to support his parents but in view of his
pension drawn by him being an ex-employee of Navy and the service
benefits, the amount awarded to the respondent-wife towards maintenance
pendente lite will not in any manner hamper him to perform his obligations
towards his parents.
Considering the capability of the appellant-husband to earn and
the quantum of maintenance awarded by the lower Court in the year 2015,
we are of the considered opinion that a sum of Rs.10,000/- per month will
be reasonable amount to be paid as maintenance pendente lite to the
respondent-wife. The said amount will be paid with effect from the date of
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application i.e. September, 2017. It is made clear that any amount paid in
proceedings under Section 125 Cr.P.C or under the Protection of Women
from Domestic Violence Act will be deductible from this amount. Litigation
expenses are assessed as Rs.25,000/-.
Application under Section 24 of the Hindu Marriage Act is
allowed in above manner.
For payment of entire arrears of maintenance pendente lite and
litigation expenses, adjourned to 09.08.2018.
May 22, 2018. (HARI PAL VERMA)
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