215 FAO-M-150-2008 with CMM-167-2017
RAMPAL SINGH V/S SUNITA RANI
Present: Mr. Lajpat Sharma, Advocate, for the appellant.
Mr. M.S. Chahal, Advocate, for the respondent.
Reply to application under Section 24 of the Hindu Marriage
Act has been filed on behalf of non-applicant/appellant-husband,
mentioning therein that during pendency of this appeal, a joint petition
under Section 13-B of the Hindu Marriage Act had been filed before the
District Judge, Jhajjar on 15.01.2011 and the non-applicant/appellant-
husband had paid a sum of Rs.5 lacs to the applicant/respondent-wife on
29.10.2010 but at the second motion stage, the applicant/respondent-wife
had withdrawn her consent. A sum of Rs.5 lacs had also been returned.
The applicant/respondent-wife claims that the non-
applicant/appellant-husband is getting a salary of Rs.60,000/- per month but
the non-applicant/appellant-husband, present in the Court, informs that his
carry home salary is Rs.48,000/- per month and that he is paying a sum of
Rs.14,000/- per month in proceedings under Section 125 Cr.P.C. The said
contention has been rebutted by counsel for the applicant/respondent-wife
stating that arrears of Rs.68,000/- are still due.
We have heard counsel for both the parties on the application
under Section 24 of the Hindu Marriage Act.
Counsel for the non-applicant/appellant-husband has submitted
that the non-applicant/appellant-husband is looking after his old parents and
incur expenditure for the welfare of his parents as such he may not be
foisted with any liability beyond Rs.14,000/- per month as ordered in
proceedings under Section 125 Cr.P.C.
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We have considered the facts and circumstances of the case and
are of the opinion that there is no material on record indicating that the
applicant/respondent-wife is earning any amount but it is admitted fact that
she is bringing up a minor daughter born out of the wedlock. The said
daughter is 13 years old. All the expenses of education and bringing up is
to be met with by the applicant/respondent-wife.
In said circumstances, a sum of Rs.18,000/- per month is
considered bare minimum to prevent the applicant/respondent-wife from
starvation and to bring up the minor daughter. The said amount will be
payable to the applicant/respondent-wife with effect from the date of
application i.e. October, 2017. It is made clear that a sum of Rs.14,000/- per
month in proceedings under Section 125 Cr.P.C will be adjustable from the
amount awarded by this Court in proceedings under Section 24 of the Hindu
Marriage Act. Litigation expenses are assessed as Rs.40,000/-. Any sum
paid towards litigation expenses during pendency of this appeal is liable to
be adjusted against the said amount.
Application under Section 24 of the Hindu Marriage Act is
allowed in the above terms.
For payment of arrears of maintenance pendente lite and
litigation expenses, adjourned to 26.07.2018.
At this stage, counsel for both the parties submit that the matter
can be amicably settled, in case the matter is sent to the Mediation Centre
We have considered the said request and are of the opinion that
the parties at one stage had opted to dissolve the marriage by decree of
divorce by mutual consent. There appears to be consensus between the
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parties regarding dissolution of marriage but on account of terms and
conditions being not acceptable to both, the matter could not be amicably
Let both the parties, in said circumstances, appear before the
Mediation and Conciliation Centre of Punjab and Haryana High Court,
Chandigarh on 05.04.2018.
Litigation expenses would be paid to the applicant/respondent-
wife on said date.
Remaining arrears of maintenance pendente lite may be cleared
on or before the next date of hearing subject to final decision taken up
before the Mediation Centre.
For awaiting the report of Mediation Centre, to come up on
The non-applicant/appellant-husband has offered a sum of
Rs.10 lacs as permanent alimony. If the said amount is acceptable to the
applicant/respondent-wife, statement can be made before the Mediator.
March 19, 2018. (GURVINDER SINGH GILL)
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