228 FAO-M-307-2016 with
Present: Mr. A.K. Walia, Advocate, for the appellant.
Mr. Suresh Kumar Kaushik, Advocate, for the respondent.
An application under Section 24 of the Hindu Marriage Act has
been filed by the appellant-wife for grant of maintenance pendente lite and
maintenance to her two minor children.
After hearing learned counsel for the parties, it transpires that
the respondent-husband is working as BAMS doctor with State of Haryana
whereas the appellant-wife is also working as a Sanskrit teacher and is
capable of maintaining herself.
It has been informed that two minor children born out of the
wedlock are staying with the appellant-wife, however, they have been
granted a sum of Rs.2500/- each as interim maintenance in proceedings
under Section 125 Cr.P.C. It has also been informed that application under
Section 24 of the Hindu Marriage Act filed before the trial Court was
withdrawn by the appellant as such no amount was determined under
Section 24 of the Hindu Marriage Act, to the appellant.
We have considered the facts and circumstances of the case and
are of the opinion that up bringing of two minor children is joint
responsibility of both the parents irrespective of the fact whether they are
earning or not.
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Without expression of any opinion regarding the right of the
minor children born out of the wedlock for maintenance/interim
maintenance, we are of the considered opinion that the appellant having
been forced for looking after the children alone, would be entitled to
nominal maintenance pendente lite on account of additional responsibilities
shouldered by her. A sum of Rs.10,000/- per month for the said additional
responsibilities is considered as appropriate maintenance pendente lite to be
paid with effect from the date of application. Besides this, a sum of
Rs.50,000/- is considered to be reasonable amount as litigation expenses
payable to the appellant-wife. The sum of Rs.20,000/- earlier paid in this
regard will be adjustable.
The application under Section 24 of the Hindu Marriage Act is
allowed in the above terms.
At this stage, counsel for the parties inform that feasibility of
any amicable settlement be also explored by referring the matter to the
Parties are directed to appear before the Mediation and
Conciliation Centre of Punjab and Haryana High Court, Chandigarh on
The entire arrears of maintenance along with balance of
litigation expenses as determined till 30.09.2017, will be paid to the
appellant-wife before the Mediation and Conciliation Centre.
For awaiting report of the Mediation and Conciliation Centre
and further hearing of the arguments of merits subject to any order passed
by the Mediation Centre, to come up on 23.01.2018.
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Nothing said in this order will effect any other proceedings for
maintenance filed by the children or the appellant.
September 05, 2017. (AUGUSTINE GEORGE MASIH)
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