106+220 CM-15629-CII-2017 and
CMM-148-2016 in
FAO-M-229-2013
NEELAM
V/S
CHANDER BAHADUR
Present: Ms. Jaideep Kaur, Advocate, for
Mr. B.S. Jaswal, Advocate, for the appellant.
Mr. Amit Parashar, Advocate,
for the respondent.
*****
CM-15629-CII-2017
Miscellaneous application is allowed.
Reply to the application under Section 24 of the Hindu
Marriage Act, is permitted to be taken on record.
CMM-148-2016
This order will dispose of an application under Section 24 of
the Hindu Marriage Act for grant of maintenance pendente lite and litigation
expenses filed by the appellant-wife claiming that the respondent is working
as Chowkidar in PWD (BR) and is earning a sum of Rs.20,000/- per
month besides having income from agricultural land. The appellant-wife has
averred in the application that she does not have any independent source of
income and claimed a sum of Rs.12,000/- per month as maintenance
pendente lite besides litigation expenses of Rs.35,000/-.
In the reply filed, the non-applicant/husband has levelled
allegations that the appellant-applicant is residing alone in the Government
accommodation allotted to him. He has also levelled certain allegations of
adultery.
1 of 3
07-08-2017 05:38:18 :::
CM-15629-CII-2017 and -2-
CMM-148-2016 in
FAO-M-229-2013
We are considered the facts and circumstances of the case.
The appellant-applicant had been granted interim maintenance
@ Rs.2,000/- per month by the lower Court.
On asking of the Court, it has been informed that one son and
daughter born out of the wedlock, are not being looked after by the
appellant-applicant as daughter is already married and the son is residing
with the husband.
The respondent-husband has taken up a plea in the reply that
the son has met with an accident and had received multiple injuries. The
respondent is paying a sum of Rs.8,000/- as rent of the house after leaving
Government accommodation and has spent Rs. 1 lac on the treatment of the
son.
Since the appellant-applicant is not earning anything, she is
entitled to be maintained by the respondent during pendency of the
proceedings.
Taking into consideration the comparative responsibilities of
the parties regarding the family affairs, a sum of Rs.3,000/- per month is
considered to be reasonable amount as interim maintenance to be paid to the
appellant-wife during pendency of the appeal.
A sum of Rs.25,000/- is assessed as litigation expenses to be
paid by the respondent-husband.
It is made clear that interim maintenance will be payable with
effect from the date of application i.e. September, 2016.
The application under Section 24 of the Hindu Marriage Act is
allowed in the above terms.
2 of 3
07-08-2017 05:38:19 :::
CM-15629-CII-2017 and -3-
CMM-148-2016 in
FAO-M-229-2013
The entire arrears calculated till 31.10.2017 will be paid by
15.11.2017.
The appeal is also ordered to be listed for final hearing on
30.11.2017.
(M.M.S. BEDI)
JUDGE
August 02, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE
3 of 3
07-08-2017 05:38:19 :::
