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Sandeep Dalal vs Deepti on 10 December, 2018

116
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

FAO No. 7418 of 2018
Date of Decision: 10.12.2018

SANDEEP DALAL …… Appellant
V/s.
DEEPTI ….Respondent

CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN.

Present: Mr. Ramesh Hooda, Advocate
for the appellant.

***
RAKESH KUMAR JAIN, J. (Oral)

The husband is in appeal against the order dated 03.11.2018

passed by the Family Court, Rohtak on an application filed by the

respondent-wife under Section 24 of the Hindu Marriage Act, 1955 (for short

‘the Act’) for grant of maintenance pendente lite and litigation expenses.

The marriage of the parties was solemnized on 12.06.2009 as

per Hindu Rites at Rohtak. The respondent-wife has filed a petition under

Section 13 of the Act for dissolution of her marriage on the ground of cruelty.

During the pendency of the said petition, she also filed an application under

Section 24 of the Act for grant of maintenance pendente lite and litigation

expenses. The learned Family Court has awarded `10,000/- per month

towards maintenance pendente lite from the date of filing of the application.

It is observed in the impugned order that the appellant-husband is studying in

Germany and being an able bodied person is expected to earn more than the

minimum wages whereas the respondent-wife who is already having a child

also has to bear the extra expenses.

Although, learned counsel for the appellant has vehemently

argued that the amount of maintenance pendente lite is on the higher side but

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after considering the aforesaid facts and circumstances and specially the fact

that the appellant is studying in Germany, we are of the considered opinion

that the appellant-husband can afford to make payment towards maintenance

pendente lite to the respondent-wife who has also to look after the minor

child.

With these observations, the present appeal is dismissed.

[ RAKESH KUMAR JAIN]
JUDGE

December 10, 2018 [ANUPINDER SINGH GREWAL]
Ess Kay JUDGE

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