218 FAO-M-134-2009 with CMM-73-2009
Present: Ms. Harpreet Kaur Arora, Advocate, for
Mr. R.V.S. Chugh, Advocate, for the appellant-wife.
Mr. Pardeep Kumar, Advocate, for
Mr. A.S. Cheema, Advocate, for the respondent-husband.
The appellant-wife while filing this appeal in the year 2009, has
also filed an application under Section 24 of the Hindu Marriage Act. The
respondent-husband has not filed reply to the application till date.
In view of said circumstances, we have taken up the application
under Section 24 of the Hindu Marriage Act for consideration wherein it is
pleaded that the appellant-wife is unemployed and dependent upon her
parents whereas the respondent-husband is a resourceful person having 9/40
share in 298 kanal 6 marlas of land besides having 1/4 th share in 160 kanals
of land situated in village Jatana Kalan.
As no material has been brought on record indicating the exact
income of the respondent-husband, it is presumed that the respondent-
husband is an able bodied person and capable of earning. He can be
presumed to be earning sufficient amount for his survival. Considering that
he is earning equivalent to a labourer, earning sum of Rs.300/- to 400/- per
day, his income would be around Rs.10,000/- to Rs.12,000/- per month.
We deem it appropriate to grant maintenance pendente lite at
the rate of Rs.2000/- per month to the appellant-wife, with effect from the
date of application i.e. May, 2009.
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FAO-M-134-2009 with CMM-73-2009 -2-
Application under Section 24 of the Hindu Marriage Act is
allowed in above said manner.
For payment of entire arrears of maintenance pendente lite,
adjourned to 17.01.2019.
August 23, 2018 (ANUPINDER SINGH GREWAL)
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