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Pushpa Devi vs Satnam Singh on 6 November, 2017


CMM-94-2014 and


Present: Mr. Parminder Singh, Advocate
for the appellant.

Mr. Harbhajan Dass, Advocate for
Mr. Arun Takhi, Advocate
for the respondent.


Mr. Harbhajan Dass, Advocate has put in appearance on behalf
of Mr. Arun Takhi, Advocate and placed on record his own power of attorney
also on behalf of respondent.

A sum of Rs.5000/- in the shape of bank draft in the name of
appellant-wife has been handed over to her counsel.

Reply to the application under Section 24 of the Hindu Marriage
Act has also been filed.

Application under Section 24 of the Hindu Marriage Act has
been filed by the appellant-wife claiming a sum of Rs.20,000/- as
maintenance pendente lite and Rs.25,000/- as litigation expenses on the
ground that she is unable to maintain herself being house wife living along
with daughter aged about 15-16 years, who is also studying. It is alleged in
the application that respondent-husband is serving in Punjab Police and
drawing salary of more than Rs.40,000/- per month.

In reply filed to the application, the respondent-husband has
denied that his salary is more than Rs.40,000/-. The respondent has averred
that his salary has not been correctly mentioned, but exact grade pay and
salary has not been mentioned by the respondent. Even the fact that the
daughter is being maintained by the applicant-wife has not been denied.

During the course of arguments we were informed that the lower
Court awarded a sum of Rs.1500/- per month in the proceedings under
Section 125 Cr.P.C. and a sum of Rs.7500/- per month had been determined

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224 CMM-94-2014 in FAO-M-218-2014 -2-

as maintenance pendente lite by the High Court while deciding Civil
Revision No.6922 of 2012 decided on 30.07.2013.

We have heard counsel for the parties and have gone through the
facts and circumstances.

It has been urged on behalf of the respondent-husband that he
has also to look after his old mother who is stated to be heart patient.

Taking into consideration that the fact in the year 2013, a sum of
Rs.7500/- per month was ordered to be paid as maintenance pendente lite and
also considering the fact that the appellant-wife is looking after the expenses
of minor daughter, she is held entitled to a sum of Rs.12,000/- per month as
maintenance pendente lite with effect from the date of her application i.e.
May 2014.

It is not out of place to observe here that the amount of
maintenance already paid or to be paid would be adjustable against the amount
awarded hereinbefore.

Litigation expenses of Rs.25,000/- would also be payable to the

The application under Section 24 of the Hindu Marriage Act is
allowed in the above terms.

The entire arrears of maintenance pendente lite calculated till
28.02.2018 along with litigation expenses be cleared by next date of hearing.

Adjourned to 07.03.2018 for arguments subject to clearing the
entire arrears.

[ M.M.S. BEDI ]

November 06, 2017

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