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Madan Gopal Singla vs Shashi Aggarwal on 26 September, 2017

CMM-151-2015 in -1-



Present: Mr. Anmol Verma, Advocate
for appellant-husband.

Mr. N.S. Shekhawat, Advocate
for the respondent-wife.



Feeling dissatisfied with the judgment and decree daed 23.05.2013
passed by District Judge, (Family Court), Ambala, appellant-husband has filed the
present appeal to get the marriage dissolved by a decree of divorce under Section
13 of the Hindu Marriage Act.

During the pendency of the appeal, the respondent-wife has filed an
application under Section 24 of the Hindu Marriage Act, seeking maintenance
pendente lite at the rate of Rs.25,000/- per month besides litigation expenses of
Rs.50,000/- claiming that appellant-husband is employed as Warrant Officer in
Indian Air Force and was getting salary of Rs.60,000/- per month, which as per
the respondent-wife is now enhanced to Rs.80,000/- per month after the revision
of pay scales.

The application has been opposed, inter-alia, on the ground that the
appellant-husband is already forced to part with a sum of Rs.7600/- per month for
the maintenance of the daughter every month, as per order passed by the Chief of
the Air Staff dated 16.11.2011 Annexure A-1. It has been urged that the
applicant-wife is owner of 192 square yards plot and one flat in Maharashtra and
is getting income from the aforesaid property.

Applicant-wife has filed rejoinder explaining that the plot in Village
Ojhar (Maharastra) had been sold in the year 2007 in order to maintain education
of two childern born out of the wedlock and it has been denied that she was is
getting any amount from the said house.

Counsel for the respondent-wife has submitted that if any amount as
alleged by the appellant-husband was being obtained in the name of rent, she
waives off her rights in the same. It has been urged that she is not getting any
income from the said flat.

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30-09-2017 01:31:53 :::
CMM-151-2015 in -2-

We have considered the facts and circumstances of the case and
keeping in view the fact that there is no material available on record regarding the
respondent-wife being earning hand, she is held entitled to maintenance pendente
lite under Section 24 of the Hindu Marriage Act, during the pendency of the
proceedings launched by her husband. Since the income of the respondent is
between Rs.60,000/- to Rs.80,000/- per month, we are of the considered opinion
that the wife is entitled to claim an amount of Rs.10,000/- per month, which
would be a reasonable amount, to maintain herself during the pendency of the
proceedings, payable by the appellant-husband, irrespective of any amount being
paid by him for the daughter, the amont will be payabale from the date of
application i.e. 24.08.2015.

A sum of Rs.40,000/- is assessed as litigation expenses to be payable
to the respondent-wife by the appellant-husband. A sum of Rs.25,000/- already
paid as interim litigation expenses will be deducted from the amount assessed
as litigation expenses.

The application is allowed in the above terms.

For payment of arrears of maintenance pendente lite and litigation
expenses, to come up on 12.02.2018.

The entire arrears of maintenance pendente lite calculated till
28.02.2018 will be paid on the date fixed.

[ M.M.S. BEDI ]

September 26, 2017

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30-09-2017 01:31:54 :::

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