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Rajni vs Rajbir Singh on 17 January, 2018

104+218 CM-411-CII-2018 in/and
FAO-M-239-2016 with CMM-90-2016

RAJNI
V/S
RAJBIR SINGH

Present: Mr. Saurabh Dalal, Advocate, for the appellant.

Mr. S.S. Salar, Advocate, for the respondent.

*****

CM-411-CII-2018

The miscellaneous application is allowed.

Reply to application under Section 24 of the Hindu Marriage

Act and salary slip as Annexure R-1, are permitted to be taken on record.

CMM-90-2016

Respondent-husband had obtained a decree of divorce on

26.02.2016 from the Court of Additional District Judge, Panchkula which

order is subject matter of the present appeal filed by the appellant-wife.

During pendency of the appeal, an application under Section 24

of the Hindu Marrigae Act has been filed by the appellant-wife claiming

that the respondent-husband is required to pay maintenance pendente lite @

Rs.15,000/- per month being obliged under the law to maintain the minor

child.

Application has been opposed by counsel for the respondent-

husband on the ground that both the parties are having independent income

as the respondent-husband is working in Air Force whereas the appellant-

wife is a teacher in a Govt. school.

On asking of the Court, it has been informed that the

respondent-husband had been required to pay a sum of Rs.6,000/- per month

to enable the appellant-wife to look after the minor child born out of the

wedlock, who at present, is staying with the appellant-wife.

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26-01-2018 09:33:11 :::
CM-411-CII-2018 in/and -2-
FAO-M-239-2016 with CMM-90-2016

We have considered the application in context to the above said

circumstances and are of the opinion that since both husband and wife are

educated and earning independently, the appellant-wife would not be

entitled to any amount under Section 24 of the Hindu Marriage Act towards

the maintenance pendente lite for herself but the fact that she is undertaking

the welfare of the female minor child who is residing with the appellant-

wife, as such, she is entitled to some amount for shouldering the said

responsibility which is the joint responsibility of husband and wife. On

account of said service being rendered as mother to the child born out of the

wedlock, she would be entitled to a contribution towards the maintenance of

the child which is otherwise the obligation of the respondent besides, it

being a statutory duty.

For assessing the amount payable to the appellant-wife, we

proceed with the presumption that the liability of both the parents for

looking after the minor child, is to the extent of Rs.10,000/- each.

Since the appellant-wife is contributing by performing the said

responsibility alone, the respondent-husband is required to pay at least a

sum of Rs.10,000/- per month for maintenance of the child as he has got

income of more than Rs.32,000/- as his gross entitlement was Rs.53,392/- as

per the pay slip of August, 2017. We have also taken into consideration his

carry home salary is Rs.32,262/-.

In view of above said circumstances, application under Section

24 of the Hindu Marriage Act is allowed to the extent that the appellant-

wife will be entitled to maintenance pendente lite @ Rs.10,000/- per month

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26-01-2018 09:33:12 :::
CM-411-CII-2018 in/and -3-

FAO-M-239-2016 with CMM-90-2016

with effect from the date of application i.e. May, 2016 for the welfare of the

minor child. In case, any amount has already been paid towards the

maintenance pendente lite under the orders passed by the lower Court or any

amount paid towards the maintenance in proceedings under Section 125

Cr.P.C or in proceedings under the Protection of Women from Domestic

Violence Act, the said amount will be adjustable. The appellant-wife will

also be entitled to litigation expenses to the extent of Rs.50,000/-. A sum of

Rs.10,000/- earlier paid will be deductible from the said amount.

FAO-M-239-2016

A sum of Rs.40,000/- in the shape of two bank drafts have been

handed over to the counsel for the appellant-wife towards the previous

arrears, in the Court today.

For payment of entire arrears of maintenance calculated till

31.05.2018 and balance of litigation expenses, adjourned to 22.05.2018.

In case, the parties arrive at any settlement for parting company

on payment of lump sum of Rs.13 to 15 lacs, they can file a miscellaneous

application for converting the proceedings in Section 13-B of the Hindu

Marriage Act, at any time.

(M.M.S. BEDI)
JUDGE

January 17, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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26-01-2018 09:33:13 :::

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