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Rakesh Kumar vs Indu Bala on 30 April, 2019

Civil Revision No.8122 of 2017 {1}


Civil Revision No.8122 of 2017
Date of Decision: April 30, 2019

Rakesh Kumar

Indu Bala


Present: Mr. Bhupinder Singh, Advocate for
Mr. R.K.Arya, Advocate,
for the petitioner.



The present revision petition is directed against the impugned

order dated 25.09.2017 (Annexure P-6), whereby in a divorce petition of

2017 titled as “Rakesh Kumar Versus Indu Bala”, on receipt of the

application filed by the respondent-wife under Section 24 of the Hindu

Marriage Act, the trial Court has awarded ` 10,000/- per month as

maintenance pendente lite along with ` 5,000/- as litigation expenses.

Mr. Bhupinder Singh Advocate for Mr. R.K.Arya, learned

counsel for the petitioner-husband submitted that the petitioner has old age

parents to look after and also obtained loan, whereas the respondent-wife is

serving as a Senior Lab Attendant and drawing salary of ` 28,500/- per

month. Keeping in view the status of the parties and the salary, maintenance

of ` 10,000/- per month is on the higher side.

There is no representation on behalf of the respondent despite

service as indicated in the previous order as well. Even fresh notice issued

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Civil Revision No.8122 of 2017 {2}

for today reflects that the service has been effected through father.

I have heard the learned counsel for the petitioner and

appraised the paper book.

Keeping in view the fact that both the parties are working and

the petitioner is drawing ` 51,000/- per month as salary and has old age

parents to look after vis-a-vis the salary of the wife of ` 28,500/- per

month, the amount of maintenance awarded is little on the higher side. This

Court, vide order dated 24.01.2019, had stayed the maintenance pendente

lite beyond ` 7,000/-.

In my view, it would be in the fitness of things to reduce the

maintenance pendente lite from ` 10,000/- to ` 7,000/- per month. The

order is accordingly modified. The petitioner-husband is directed to clear

the arrears within one month from the receipt of certified copy of the order,

otherwise the order passed by the trial Court shall be restored.

April 30, 2019 ( AMIT RAWAL )
ramesh JUDGE

Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No

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