CMM-77-2017 in FAO-M-101-2011
Kulwant Rai Vs Sudesh Kumari
PRESENT Mr.A.S.Manaise, Advocate,
for the non-applicant/appellant-husband.
Mr.Deepak Grover, Advocate, for
Mr.Inderjit Sharma, Advocate,
for the applicant/respondent-wife.
Pursuant to order dated 7.5.2018, the parties were
required to appear before this Court to explore the possibility of some
amicable settlement as counsel for the respondent-wife had informed this
Court that there are chances of some amicable settlement but the
respondent-wife has not come present.
The appellant-husband is present in the Court. Counsel
for the appellant, on the instructions from the appellant, informs that he has
bought a house in Dina Nagar which has been transferred in the name of
respondent-wife and he is ready to give said house to the respondent along
with some permanent alimony.
Application under Section 24 of the Hindu Marriage Act
for the grant of maintenance pendente lite filed by the respondent-wife is
pending adjudication since May 2017. In the interest of justice, we deem it
appropriate to take up the said application and dispose of the same.
The respondent-wife has claimed that she has got no
source of income whereas the appellant-husband is an employee of the
Punjab Police getting a salary of Rs.75,000/- per month but he has failed to
maintain the respondent-wife. Respondent-wife claims maintenance
pendente lite @ Rs.30,000/- per month besides litigation expenses of
Rs.25,000/-.
1
1 of 3
07-10-2018 06:21:40 :::
CMM-77-2017 in FAO-M-101-2011
In the proceedings under Section 24 of the Hindu
Marriage Act, before the lower Court, the appellant-husband had been
directed to pay a sum of Rs.2500/- per month w.e.f. May 2017 and it is
claimed that the amount of maintenance at said rate is being paid till date.
So far as income of the appellant-husband as alleged in
the application being Rs.75,000/- per month is concerned, the same has
been denied but it is admitted that the appellant-husband is serving as Head
Constable in the Punjab Police. It is claimed that the appellant-husband is to
look after his father and mother, who are aged 75 and 72 years respectively.
We have taken into consideration the averments made in
the application as well as in the reply and are of the opinion that the
appellant-husband is working as Head Constable in the Punjab Police and
his income being Rs.75,000/- per month has not been specifically denied. A
judicial notice is taken of the pay scales of a Head Constable in the State of
Punjab. No material has been placed on record indicating any income being
derived by respondent-wife Sudesh Rani. Even if, it is presumed that
appellant-husband has to look after his old aged parents, still he cannot be
absolved of his statutory obligations towards his wife in an application
under Section 24 of the Hindu Marriage Act.
So far as a sum of Rs.2500/- per month which is being
allegedly paid is concerned, any amount paid after May 2017 can be
adjusted towards the maintenance determined by this Court. Taking into
consideration the income of the appellant-husband, we are of the opinion
that minimum a sum of Rs.20,000/- per month should be awarded to the
respondent-wife towards maintenance pendente lite but since she is in
2
2 of 3
07-10-2018 06:21:40 :::
CMM-77-2017 in FAO-M-101-2011
occupation of the house purchased by the appellant-husband, it is observed
that ends of justice would be adequately met in case the appellant-husband
is compensated for the said possession of his house by the respondent-wife
and as such, the amount can be reduced from Rs.20,000/- per month to
Rs.15,000/- per month.
The application under Section 24 of the Hindu Marriage
Act is allowed and the respondent-wife is awarded a sum of Rs.15,000/- per
month as maintenance pendente lite which will be payable by the appellant-
husband from the date of application i.e. May 2017. It is made clear that any
amount @ Rs.2500/- per month paid after May 2017, will be deductible
from the sum of Rs.15,000/- per month awarded by this Court. A sum of
Rs.25,000/- is awarded towards litigation expenses. Rs.20,000/- earlier paid
towards interim litigation expenses would be adjustable against the amount
awarded by this Court.
For payment of entire arrears of maintenance pendente
lite as calculated till 30.11.2018 as well as balance amount of litigation
expenses, to come up on 16.11.2018.
The offer of appellant-husband made today in the Court
for amicable settlement will be taken up after clearance of the arrears of
maintenance on next date of hearing.
(M.M.S. BEDI)
JUDGE
September 27, 2018. (ANUPINDER SINGH GREWAL)
raj arora JUDGE
3
3 of 3
07-10-2018 06:21:40 :::
