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Judgments of Supreme Court of India and High Courts

Minakshi vs Arun Sangwan on 5 July, 2019

CMM-41-2019 in -1-
FAO-M-311-2018

*****

Minakshi
Vs.

Capt. Arun Sangwan
*****

Present: – Parties in person.

*****

This application is filed under Section 24 of the Hindu

Marriage Act, 1955 [for short ‘the Act’] by the appellant-wife for seeking

maintenance pendente lite to the tune of `1,50,000/- per month and expenses

of the proceedings as mentioned by this Court in the order dated 2.11.2018

(notice of motion order) to the tune of `25,000/-.

Notice in the application was issued to which reply has been

filed and the applicant/appellant has also filed the replication.

In brief, the respondent filed a petition under Section 13(1)(ia)

and (ib) of the Act against the appellant for seeking dissolution of his

marriage by way of decree of divorce before the Court at Jhajjar. He has

averred that his marriage was solemnized with the appellant/applicant on

17.6.2010 at Bahadurgarh, District Jhajjar as per Hindu rites and

ceremonies. They lived as husband and wife at Bhusawal (Maharashtra) in

the year 2010-11. It is further averred that they are blessed with a female

child, namely, Gazelle Sangwan on 13.10.2011. During the pendency of the

said petition, applicant/appellant had filed an application under Section 24 of

the Act seeking `33,000/- as expenses of proceedings, `1,50,000/- as

maintenance pendente lite and `5,000/- as expenses per visit. The said

application was contested by the respondent. The learned Court below, vide

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CMM-41-2019 in -2-

FAO-M-311-2018

its order dated 14.2.2017, directed the respondent to pay `7,500/- per month

as interim maintenance from the date of filing of the application.

Aggrieved against the order dated 14.2.2017, the

applicant/appellant filed CR No.4520 of 2017 in which notice of motion was

issued on 13.7.2017 for 21.11.2017. While the revision filed by the

applicant/appellant was pending, the respondent also filed CR No.7374 of

2017 in which notice of motion was issued on 30.10.2017 for 21.11.2017

and was ordered to be heard along with CR No.4520 of 2017.

While both the aforesaid revision petitions were pending, the

divorce petition filed by the respondent before the Court below was allowed

on 14.9.2018. Apropos, the applicant/appellant has filed the present appeal

bearing FAO-M-311-2018 in which notice of motion was issued on

02.11.2018 for 05.02.2019 and the respondent was directed to bring a draft

of `25,000/- towards interim litigation expenses and in the meantime,

operation of the impugned order of decree of divorce was stayed. On the

adjourned date, the respondent appeared in person and it was recorded by the

Court that he did not comply with the order dated 02.11.2018 in regard to

the payment of litigation expenses. The applicant/appellant prayed for an

adjournment to file an application under Section 24 of the Act for seeking

maintenance pendente lite and litigation expenses. Accordingly, the case

was adjourned to 14.2.2019. The present application bearing CMM-41-2019

was listed on the adjourned date i.e. on 14.2.2019 in which notice was issued

and accepted by the respondent in person in Court, who had prayed for time

to file reply to the application. Reply was filed and rejoinder was also filed.

On the adjourned date i.e. on 26.4.2019, the applicant/appellant appeared in

person and submitted that she wanted to argue the case herself and requested

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FAO-M-311-2018

to withdraw the power of attorney of her counsel Mr.Rahul Deswal. Her

prayer was accepted and arguments were heard on the application of both

the parties.

Averments made in this application and in the application filed

before the Court below are practically the same in regard to the claim made

by the applicant/appellant and also about the income of the respondent. The

respondent has submitted that he is out of job and is unable to pay the

amount of maintenance pendente lite and litigation expenses.

We have heard the parties and perused the record with their

able assistance.

Since a similar application was filed by the applicant/appellant

before the Court below which has been decided by awarding `7500/- per

month as interim maintenance expenses from the date of filing of the

application which has not been increased by this Court in CR No.4520 of

2017 filed by the applicant/appellant and has not been decreased by this

Court in CR No.7374 of 2017 filed by the respondent or any order of stay

has been granted, therefore, in the given facts and circumstances, it would be

just and expedient to maintain the order of the learned Court below of

`7500/- per month to be paid by the respondent to the appellant from the

date of filing of the application otherwise any observation made by this

Court in this application, at this Stage, would affect the fate of the aforesaid

two civil revisions, filed by both the parties, against the order passed on a

similar application by the Court below. It is, therefore, directed that the

respondent shall pay `7500/- per month to the applicant/appellant from the

date of filing of the application and shall also pay litigation expenses to the

tune of `25,000/- as ordered by this Court on 2.11.2018.

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CMM-41-2019 in -4-
FAO-M-311-2018

With these observations, the present application is hereby

disposed of.

(RAKESH KUMAR JAIN)
JUDGE

(HARNARESH SINGH GILL)
05.07.2019 JUDGE
Vivek

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