CMM-34-2017 in FAO-M-348-2013
Raghbir Singh V/s Shashi Bala
Present: Mr. H.P.S. Ishar, Advocate,
for the applicant/respondent.
Mr. H.S. Baath, Advocate,
Decree of divorce has been granted to the respondent-wife vide
impugned judgment and decree dated 15.10.2013. Aggrieved by the said
decree, the 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, 1955 seeking
interim maintenance @ ` 25,000/- per month and litigation expenses of
` 33,000/-. In the application the respondent-wife claims that she had been
granted maintenance for herself and for the minor daughter to the tune of
` 2,000/- per month in proceedings under Section 125 Cr.P.C.
The instant application was filed on 4.3.2017. A period of
almost one year has passed but no reply has been filed. As such we are
compelled to dispose of the application on the basis of the arguments raised
by counsel for both the parties.
On asking of the Court, it has been informed that the non-
applicant/appellant-husband is working as a plumber and his monthly
income is only ` 10,000/-.
We have considered the facts and circumstances of the case and
are of the opinion that the appellant-husband is admittedly a skilled person.
Even if, it is presumed that he is a skilled labourer, his income can be
presumed to be any amount more than the minimum wages fixed by the
State authorities. Entering into the gist of estimation, we hold that the
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income of the appellant-husband being a skilled person is not less than
` 20,000/- per month.
It is not the case of the non-applicant/appellant-husband that
the applicant-respondent-wife is earning any amount. It is an admitted fact
that she is burdened with the responsibility of bringing up the minor child
borne out of their wedlock. A sum of ` 5,000/- is assessed as maintenance
pendente lite payable to the applicant-respondent-wife taking into
consideration her additional liability of bringing up the child. The amount
will be payable w.e.f. March 2017. It is made clear that any amount paid
towards the maintenance pendente lite under Section 125 Cr.P.C. would be
adjustable from the amount awarded under Section 24 of the Hindu
Marriage Act, 1984. The litigation expenses are assessed as ` 25,000/-.
` 15,000/- has already been paid.
The application under Section 24 of the Hindu Marriage Act,
1955 is allowed in above terms.
For payment of balance of litigation expenses of ` 10,000/- and
arrears of maintenance pendente lite @ ` 5,000/- per month from the date of
application i.e. March 2017, to come up on 5.4.2018.
Entire arrears is calculated till 30.4.2018 will be paid on next
date of hearing along with litigation expenses of ` 25,000/- after adjusting
sum of ` 15,000/- already paid.
5.2.2018 (Gurvinder Singh Gill)
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