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Rupinder Singh vs Palwinder Kaur on 18 January, 2018

CMM-109-2016 and FAO-M-408-2015 1

Rupinder Singh Vs Palwinder Kaur

PRESENT Mr.Amandeep Saini, Advocate,
for the appellant.

None for the respondent-wife.

Mediation having failed, the case has been received back.

An application under Section 24 of the Hindu Marriage

Act, for the grant of maintenance pendente lite @ Rs.20,000/- per month as

well as litigation expenses was filed by the respondent-wife claiming that

the appellant-husband is working as an Electrician whereas the respondent-

wife is not having any source of income. It is pleaded in the application that

the appellant-husband is running the business of sale of submersible motors,

fitting material and spare parts and is holding number of contracts for

installation and maintenance of tubewells in the Municipal Corporation of

Mohali, besides having landed property.

The application has been contested by the appellant-

husband opposing the averments made by the respondent-wife. Vide interim

order dated 18.4.2017, a direction had been issued for payment of sum of

Rs.3,000/- per month as interim maintenance w.e.f. 24.4.2016 till the

decision of the application under Section 24 of the Hindu Marriage Act.

We have considered the facts and circumstances

mentioned in the application and are of the opinion that the appellant-

husband is an able bodied person. He has expressed inability to pay any

amount as maintenance pendente lite as daughter Gurnoor born out of the

wedlock is staying with him. However, he has admitted that he is running a

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CMM-109-2016 and FAO-M-408-2015 2

small industrial unit under the name and style of “Jaswal Enterprises” in

Phase-V, Industrial Area, Mohali.

In view of said circumstances, a bit of estimation for the

purpose of earning capacity would be permissible and presuming that the

appellant-husband is earning not less than Rs.15,000/- to Rs.20,000/- per

month from his business, the instant application under Section 24 of the

Hindu Marriage Act, is allowed and a sum of Rs.5,000/- per month is

awarded as maintenance pendente lite with effect from the date of

application i.e. April 2016. Litigation expenses to the tune of Rs.30,000 are

also awarded. A sum of Rs.20,000/- earlier paid towards litigation expenses

will be deductible from the amount of Rs.30,000/- awarded as litigation

expenses today.

Counsel for the appellant-husband has submitted that a

sum of Rs.3,000/- per month is being paid towards maintenance in

proceedings under Section 125 Cr.P.C. It is made clear that if any amount is

being paid in any other proceedings, the said amount will be deductible

from the amount ordered as maintenance pendente lite by this Court

For payment of entire arrears of maintenance pendent lite

calculated upto 31.7.2018 after adjustment, as stated above, as well as

remaining litigation expenses, adjourned to 11.7.2018.

(M.M.S. BEDI)
JUDGE

January 18, 2018. (GURVINDER SINGH GILL)
raj arora JUDGE

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