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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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