249 CM-8537-CII-2018 and CMM-162-2017 in FAO-M-8-2017 -1-
RAKESH KUMAR VS KANCHAN BALA
PRESENT Mr.Krishan Singh Dadwal, Advocate,
for the appellant-husband.
Mr.Dinesh Nagar, Advocate,
for the respondent-wife.
Mr.Krishan Singh Dadwal, Advocate, has filed fresh
power of attorney on behalf of the appellant with no objection from the
Misc. application is allowed.
Reply to the application under Section 24 of the Hindu
Marriage Act along with Annexures A1 and A2, is permitted to be taken on
Costs of Rs.5,000/- pursuant to order dated 14.3.2018,
has been paid in cash to the wife present in the Court today.
Taking into consideration the income of the husband to
be Rs.35,000/-, the lower Court in proceedings under Section 24 of the
Hindu Marriage Act had awarded a sum of Rs.10,000/- per month as
maintenance pendente lite to the wife (respondent in the present appeal) to
maintain herself and the minor daughter.
During pendency of the appeal, application under Section
24 of the Hindu Marriage Act has been filed claiming that the respondent-
wife has got no source of income whereas the appellant-husband, a
government teacher, is earning a sum of Rs.56,527/- per month.
The appellant-husband has filed the reply pleading
therein that the respondent-wife is M.A. B.Ed and earns a sum of
Rs.25,000/- per month by doing tuition work as well as by teaching in a
private school. The details of the tuition work etc. have not been disclosed
as such, considering the amount of maintenance pendente lite awarded by
the lower Court, we deem it appropriate, in the interest of justice, to grant a
sum of Rs.18,000/- per month as maintenance pendente lite taking into
consideration the fact that the respondent-wife has not only to maintain
herself but also to bring up minor child born out of the wedlock who at
present is staying with the respondent-wife. The said amount will be
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249 CM-8537-CII-2018 in CMM-162-2017 in FAO-M-8-2017 -2-
payable from the date of application i.e. October 2017. Litigation expenses
to the tune of Rs.30,000/- are also awarded to the respondent-wife.
Any amount already paid will be deductible from the
amount awarded today.
Application under Section 24 of the Hindu Marriage Act,
stands disposed of accordingly.
For payment of entire arrears of maintenance pendente
lite calculated till 30.9.2018, as well as litigation expenses, to come up on
April 30, 2018. (GURVINDER SINGH GILL)
raj arora JUDGE
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