217 FAO-2672-2016 and CMM-137-2017

NEERAJ BHARDWAJ
V/S
SAVITA BHARDWAJ

Present: Mr. Sanjay Vij, Advocate, for the appellant.

Mr. Sanjay Verma, Advocate, for the respondent.

*****

CMM-137-2017

Aspiring to get a decree of divorce from his wife, the appellant-

husband preferred a petition under Section 13 of the Hindu Marriage Act

which has been dismissed by the District Judge, Family Court, Gurgaon.

Aggrieved by the said order, the appellant-husband has preferred this

appeal.

During pendency of the appeal, the respondent-wife has filed

an application under Section 24 of the Hindu Marriage Act claiming that

she is unable to earn whereas the appellant-husband is serving as Implement

Engineer in Kutons Company, Gurgaon and had been getting salary of

Rs.28,000/- per month. He also owns a house in Chandigarh in the name of

his mother and a three storey house having basement in Gurgaon. He is

alleged to have rental income of Rs. 1 lac per month. It is averred that his

father is a Govt. employee posted as Section Officer in Army HQ Railway,

New Delhi. As such, the respondent-wife claims maintenance pendente lite

@ Rs.25,000/- besides litigation expenses.

Application has been opposed by the appellant-husband by

filing a detailed reply to the effect that he is at present unemployed and that

he is paying a sum of Rs.10,000/- to the respondent-wife as well as daughter

in proceedings under Section 125 Cr.P.C. It has also been alleged that a

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sum of Rs.7000/- per month has been ordered as financial help in

proceedings under the Protection of Women from Domestic Violence Act.

Vide order dated 22.08.2017, a sum of Rs.7000/- has been

ordered to be paid as financial help by the Magistrate and a sum of

Rs.10,000/- for the wife and the minor daughter (Rs.5,000/- each) has been

awarded by the learned Magistrate in proceedings under Section 125

Cr.P.C.

It has been informed that a sum of Rs.7,000/- awarded by the

Court under the Protection of Women from Domestic Violence Act, is not

being paid and that the appeal is also pending for enhancement of the said

amount. It is also a fact that a sum of Rs.10,000/- per month i.e. Rs.5,000/-

for the wife and Rs.5,000/- for the minor daughter stand awarded in

proceedings under Section 125 Cr.P.C.

On asking of the Court, it has been informed that a sum of

Rs.10,000/- per month is regularly paid as determined in proceedings under

Section 125 Cr.P.C. A sum of Rs.7,000/- as ordered towards the

maintenance as determined by the Court under the Protection of Women

from Domestic Violence Act, is not being paid.

Considering the totality of the circumstances, we are of the

opinion that it is bounden duty of the appellant-husband to ensure the

maintenance of the wife during pendency of the proceedings under the

Hindu Marriage Act in order to sustain herself. In the present case, the

minor daughter is also staying with the respondent. She is bearing the

responsibility of both the parties by maintaining her as such she is entitled

to be compensated in the shape of maintenance for herself and for the minor

daughter.

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We have considered the contention of learned counsel for the

appellant that the Company for which the appellant-husband was working

stands wound up and he is jobless.

It is not disputed that the appellant-husband is an engineer and

is a technocrat. Being a technical expert with technical education to his

credit, he is expected to earn at least sum of Rs.25,000/- to Rs.30,000/- per

month.

Presuming that being an able bodied technical expert person,

the appellant is capable of earning bare minimum of Rs.30,000/-, we deem it

appropriate, in the interest of justice, to grant maintenance pendente lite @

Rs.18,000/- per month to the respondent-wife. It is made clear that a sum of

Rs.10,000/- awarded in proceedings under Section 125 Cr.P.C is liable to be

adjusted against the amount awarded by this Court.

In case amount of Rs.7,000/- per month as assessed by the

Court under the Protection of Women from Domestic Violence Act, stands

already paid, it will be adjustable and would not be required to be paid.

The amount of maintenance will be paid with effect from the

date of application i.e. September, 2017.

Besides assessing the maintenance pendente lite @ Rs.18,000/-

per month as mentioned hereinabove, a sum of Rs.25,000/- is assessed as

litigation expenses. A sum of Rs.20,000/- already paid towards interim

litigation expenses will be deductible from the amount assessed.

Application under Section 24 of the Hindu Marriage Act is

allowed, in above manner.

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For payment of entire arrears of maintenance calculated upto

31.03.2018 and balance of litigation expenses, to come up on 20.03.2018.

Record of lower Court has been received.

Appeal will be fixed for final hearing after clearance of entire

arrears of maintenance and balance of litigation expenses.

(M.M.S. BEDI)
JUDGE

December 21, 2017. (AUGUSTINE GEORGE MASIH)
harsha JUDGE

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