FAO No. 3133 of 2019 (OM) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 3133 of 2019 (OM)
Date of Decision: 13.5.2019
Manoj Kumar …….Appellant
Vs.
Sunita …….Respondent
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
HON’BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. Manoj Makkar, Advocate
for the appellant.
*****
RAKESH KUMAR JAIN, J. (ORAL)
This appeal is directed against the order dated 13.3.2019 passed
by the Family Court, Rohtak by which the application filed by the
respondent-wife under Section 24 of the Hindu Marriage Act, 1955 (‘Act’ for
short) for seeking grant of maintenance pendente lite and litigation
expenses, has been allowed and she has been awarded ` 8,000/- per month
towards maintenance pendente lite and Rs. 11,000/- towards litigation
expenses
In brief, marriage of the appellant with the respondent was
solemnized on 14.1.2011 at Bahadurgarh District Jhajjar as per Hindu rites
and ceremonies. There is no child out of the said wedlock. The appellant-
husband has filed a petition under Section 13 of the Act in the Court at
Rohtak for seeking a decree of divorce on the ground of cruelty. During the
said proceedings, the respondent has filed an application under Section 24
of the Act for seeking maintenance pendente lite alleging that the appellant
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is employed in Indian Army and is drawing basic salary of ` 45,000/- per
month. The respondent has alleged that she has no source of income.
Although the appellant has alleged that the respondent has completed her
law and has enrolled herself with the Bar Association of Punjab and
Haryana, Chandigarh, however, it has been noticed by the Court below that
she has not started practicing law.
Be that as it may, learned counsel for the appellant has
submitted that the applications filed by the respondent under Section 125 of
the Code of Criminal Procedure, 1973 (‘SectionCr.P.C.’ for short) and Section 12 of
Protection of Women from SectionDomestic Violence Act, 2005 (‘2005 Act’ for
short) have been dismissed by the Court below on the ground that the
respondent had lived only for five days with the appellant and in such a
short span of time the Court cannot presume that she was subjected to
cruelty.
We have heard learned counsel for the appellant and after
examining the record, are of the considered opinion that the concept of
maintenance under Section 24 of the Act is altogether different from the
concept of maintenance under Section 125 Cr.P.C. and Section 12 of 2005
Act. Under Section 24 of the Act, either of the spouse can claim
maintenance and litigation expenses if the spouse claiming maintenance and
litigation expenses has no means of earning. The said maintenance is
granted during the pendency of the proceedings and comes to an end with
the culmination of the proceedings. Thus, in our view, there is no error on
the part of the Court below in awarding ` 8,000/- per month towards
maintenance pendente lite and ` 11,000/- towards litigation expenses to the
respondent keeping in view the salary of the appellant to the tune of
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` 45,000/- per month. No other point has been argued.
In view of the aforesaid observations, the present appeal is
hereby dismissed with no costs.
(RAKESH KUMAR JAIN)
JUDGE
(HARNARESH SINGH GILL)
May 13, 2019 JUDGE
Gurpreet
Whether speaking /reasoned : Yes/No
Whether Reportable : Yes/No
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