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Judgments of Supreme Court of India and High Courts

Narinder Singh vs Kulwinder Kaur on 5 September, 2017

222 CMM-92-2016 and
FAO-M-166-2014

NARINDER SINGH
V/S
KULWINDER KAUR

Present: Mr. Naresh Kumar Manchanda, Advocate,
for the applicant-respondent.

Mr. G.B.S. Dhillon, Advocate,
for the non-applicant/appellant.

*****

This order will dispose of an application under Section 24 of

the Hindu Marriage Act filed by the applicant/respondent-wife for grant of

maintenance pendente lite of Rs.20,000/- per month and litigation expenses

of Rs.25,000/- respectively claiming that the non-applicant/appellant is a

man of means and is running Mini Truck besides carrying business of dairy

farm by keeping cattle and buffalos in 7 acres of land owned by him. It is

claimed that he is earning a sum of Rs.50,000/- per month.

The said averments have been denied by the non-

applicant/appellant.

It has been informed that before the lower Court, a sum of

Rs.3000/- per month was granted as maintenance pendente lite.

We have considered the facts and circumstances of the case.

The non-applicant/appellant is a truck driver, has not been

denied.

Taking into consideration the fact that the

applicant/respondent-wife is not earning anything and is dependent upon the

non-applicant/appellant, in the interest of justice, taking judicial notice of

the escalating price index, we deem it appropriate to grant maintenance

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CMM-92-2016 in -2-

FAO-M-166-2014

pendente lite at the rate of Rs.4500/- per month with effect from the date of

application i.e. May, 2016. Besides this, a sum of Rs.25,000/- is granted as

litigation expenses.

The application is allowed in above terms.

The non-applicant/appellant will pay the arrears within a period

of two months from today.

Adjourned to 31.01.2018 for hearing the appeal on merits.

(M.M.S. BEDI)
JUDGE

September 05, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE

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