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Jitender Yadav vs Poonam Yadav on 22 May, 2018

224 CMM-143-2017 in
FAO-M-117-2017

JITENDER YADAV
V/S
POONAM YADAV

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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CMM-143-2017 in -2-
FAO-M-117-2017

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

defence pension.

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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CMM-143-2017 in -3-

FAO-M-117-2017

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.

(M.M.S. BEDI)
JUDGE

May 22, 2018. (HARI PAL VERMA)
harsha JUDGE

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