231 CMM-6-2018 in FAO-M-162-2015

KULDEEP KAUR
V/S
AMARDEEP SINGH SANDHU

Present: Mr. Vicky Sharma, Advocate, for the appellant-wife.

Mr. Anurag Chopra, Advocate, for the respondent-husband.

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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

jurisdiction.

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

expenses.

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.

(M.M.S. BEDI)
JUDGE

September 24, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE

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