231 CMM-6-2018 in FAO-M-162-2015
AMARDEEP SINGH SANDHU
Present: Mr. Vicky Sharma, Advocate, for the appellant-wife.
Mr. Anurag Chopra, Advocate, for the respondent-husband.
Claiming that the respondent-husband is an agriculturist,
having an income of Rs. 1 lakh per month by farming and another sum of
Rs.60,000/- per month from dairy farming as he is owner of 13 acres of
land, the appellant-wife claims maintenance pendente lite at the rate of
Rs.50,000/- per month with litigation expenses of Rs.30,000/-.
Counsel for the respondent-husband states that he is not in
contact with the respondent-husband despite his best efforts. On account of
said reason, he has also not been able to file reply with the Registry as per
directions issued on 27.07.2018.
Counsel for the appellant-wife, on asking of the Court, informs
that a sum of Rs.1000/- per month had been awarded to the appellant-wife
in proceedings under Section 125 Cr.P.C by the Court of competent
We have considered the facts and circumstances of the case.
Since the appellant-wife or the respondent-husband have not
placed on record any document indicating the exact income of the
respondent-husband, taking into consideration the fact that the respondent-
husband being an able bodied person, capable of earning and there being no
material on record showing that the appellant-wife is earning from any
source, we deem it appropriate to grant maintenance pendente lite at the rate
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of Rs.6000/- per month, at this stage, as a presumption of an unskilled
labourer earning at least sum of Rs.600/- per day cannot be ruled out,
irrespective of the alleged land owned by the respondent-husband. This
amount of Rs.6000/- per month will be payable with effect from the date of
application i.e. December, 2017. A sum of Rs.1000/- awarded in
proceedings under Section 125 Cr.P.C in the year 2009 is required to be
considered taking into consideration the escalating prices with effect from
the year 2009. A sum of Rs. 30,000/- is awarded as litigation expenses. In
case, any amount, earlier paid, will be deductible from the litigation
Application under Section 24 of the Hindu Marriage Act is
allowed in above said manner.
For payment of the entire arrears of maintenance calculated till
31.12.2018 and litigation expenses, adjourned to 13.12.2018.
Counsel for the respondent-husband shall make an earnest
endeavour to ensure the appearance of the respondent-husband on the next
date of hearing.
The date for appearance of the parties before the Mediation and
Conciliation Centre, will be given on the next date of hearing.
September 24, 2018 (ANUPINDER SINGH GREWAL)
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