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Kulwant Rai vs Sudesh Kumari on 27 September, 2018

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/-.

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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

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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

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