Present: Ms. Sunita Gupta, Advocate
for Mr. R.V.S. Chugh, Advocate
for the appellant.
Mr. Arjun Veer Sharma, Advocate
for Mr. Naveen Sharma, Advocate
for the respondent.
This appeal has been preferred by the wife against the judgment
and decree dated 12.01.2009 granting divorce to the respondent-husband.
During the pendency of the appeal, the appellant-wife has filed
an application under Section 24 of the Hindu Marriage Act for grant of
maintenance pendente lite and litigation expenses averring in the application
that no doubt she is employed as Multipurpose Health Worker getting salary
in the pay scale of `3320/-, whereas the respondent-husband is working as
E.T.T. Teacher and is getting pay in the pay scale of `4500/- but the
applicant is maintaining both the children which is not possible for her.
A perusal of the file indicates that in proceeding under Section
125 Cr.P.C., a sum of `2,000/- per month has been granted to the minor
children on 09.07.2007 by the Judicial Magistrate Ist Class, Budhlada. Since
the maintenance of the children borne out of the wedlock is joint
responsibility of both the parents and in the present case, the appellant-wife
is shouldering the said responsibility of bringing up the children alone, the
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sum of `2,000/- per month awarded in the year 2007, appears to be a meagre
amount. Irrespective of the individual rights of the minor children to seek
maintenance under Section 125 Cr.P.C., we deem it appropriate to take the
said circumstance into consideration and grant maintenance pendente lite to
the appellant-wife to the tune of `5,000/- per month to maintain herself
as well as the minor children. The sum of `2,000/- per month granted to the
minor children will be deducted from the said amount. The said amount
will be payable with effect from the date of the application i.e. 09.02.2009.
Litigation expenses of `30,000/- are also assessed payable by the
respondent-husband to the appellant-wife.
Application under Section 24 of the Hindu Marriage Act is
Adjourned to 21.12.2017.
The entire arrears of maintenance pendente lite and litigation
expenses as calculated till 30th of November, 2017 will be paid on or before
the date fixed.
September 7th, 2017 (AUGUSTINE GEORGE MASIH)
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