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Pooja vs Kulbir Singh on 16 August, 2018

FAO-7761 OF 2016 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

FAO-7761 OF 2016
DECIDED ON : 16.8.2018

Pooja
…Appellant
versus

Kulbir Singh
…Respondent

CORAM : HON’BLE MR. JUSTICE M. M. S. BEDI
HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present : Mr. Munish Kumar Garg, Advocate,
for the appellant.

Mr. B. S. Bairagi, Advocate,
for the respondent.

M. M. S. BEDI, J. (ORAL)

The respondent-husband is earning a sum of

`26,000/- per month, being an employee of the Postal

Department. During the pendency of the petition under Sections

12 and 13 of the Hindu Marriage Act, the applicant/appellant-wife

has been awarded a sum of `5000/- as maintenance pendente

lite in an application under Section 24 of the Hindu Marriage Act,

vide order dated 20.10.2016. The said order has been impugned

in the present appeal, claiming the said amount to be

inadequate.

On asking of the Court if the appellant has been

awarded any maintenance in other proceedings, counsel for the

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FAO-7761 OF 2016 -2-

appellant has informed that the appellant has been awarded a

sum of `10,000/- per month as interim maintenance, in

proceedings under Section 125 Cr.P.C. He has informed that the

said order has been passed after the passing of impugned order

dated 20.10.2016. No material has been placed on record

indicating that the appellant-wife is earning. The respondent-

husband, being a government employee as Sub Post Master, is

earning.

We have considered the salary of the respondent, who

is having basic pay of `14,610/- and getting DA of `17,386/-,

besides different allowances. The total salary is approximately

`35,500/- in February, 2016. We take judicial notice of the fact

that pursuant to the 7th pay commission, the salaries have been

enhanced.

Counsel for the applicant-appellant submits that the

total salary of the respondent, at present, is more than `50,000/.

We have taken into consideration the deductions and

are of the opinion that the salary of respondent might be more

than `40,000/-. Even if it is presumed that he has taken a loan of

`3,00,000/-, as asserted by counsel for the respondent, serious

prejudice cannot be caused to the appellant so far as claim under

Section 24 of the Hindu Marriage Act is concerned.

We find that the maintenance pendente lite, not less

than `12,000/-, could be awarded to the appellant-wife. The

order dated 20.10.2016 is, therefore, modified and it is ordered

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FAO-7761 OF 2016 -3-

that the applicant-appellant will be entitled to maintenance

pendente lite at the rate of `12,000/- per month. It is clarified

that any amount assessed towards the interim maintenance in

proceedings under Section 125 Cr.P.C, will be adjustable against

the amount awarded. This amount will be payable with effect

from the date of application before the lower Court i.e 11.8.2016.

The appellant can claim the arrears after adjustment, by moving

an application before the lower Court.

No ground for interference is made out, in litigation

expenses awarded by the lower Court.

The appeal is allowed in above said terms.

(M. M. S. BEDI)
JUDGE

(ANUPINDER SINGH GREWAL)
JUDGE
AUGUST 16, 2018
shalini

1. Whether speaking/reasoned : YES/NO

2. Whether reportable : YES/NO

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