CMM-140-2017 in FAO-M-240-2014

Sarabjit Kaur Vs Baldev Singh

PRESENT Mr.Ravish Bansal, Advocate,
for the applicant/appellant-wife.

Mr.A.S.Manaise, Advocate,
for the respondent-husband.

The respondent-husband had been granted a decree of

divorce by the Additional District Judge, Ferozepur, vide judgment and

decree dated 3.1.2014 against which the appellant-wife has preferred this

appeal.

During pendency of the appeal, the applicant/appellant-

wife has filed an application under Section 24 of the Hindu Marriage Act,

claiming maintenance pendente lite @ Rs.30,000/- per month and litigation

expenses.

The application has been opposed by the respondent-

husband by filing reply on the ground that two sons born out of the wedlock

are being maintained by the respondent-husband and he has retired from the

Indian Army as Subedar and is getting monthly pension only @ Rs.13,000/-.

It has been further averred that the applicant/appellant-wife is doing the job

of a cook in girls hostel of Dashmes Dental College, Faridkot and is having

handsome income.

We have considered the facts and circumstances of the

case. Even if it is presumed that the applicant/appellant-wife is doing the

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cooking work in a girls hostel, she would not be earning commensurate with

the status of retired Subedar. It is settled principle of law that a wife is

entitled to be maintained as per the status of the husband. No doubt the

respondent-husband has been looking after the children born out of the

wedlock but the said circumstance will not absolve him from his liability to

pay the maintenance pendente lite under Section 24 of the Hindu Marriage

Act, to his wife especially when she has been compelled to take work in a

girls hostel.

It has been informed that a sum of Rs.2,000/- per month

as maintenance pendente lite was awarded by the lower Court in

proceedings under Section 24 of the Hindu Marriage Act, vide order dated

9.8.2012.

Taking into consideration the age of the

applicant/appellant-wife as well as the status of the respondent-husband, we

deem it appropriate to grant maintenance pendente lite @ Rs.6,000/- per

month to the applicant/appellant-wife.

The application under Section 24 of the Hindu Marriage

Act, is allowed and the applicant/appellant-wife is awarded a sum of

Rs.6,000/- per month as maintenance pendente lite which will be payable

from the date of application i.e. September 2017. A sum of Rs.25,000/- is

awarded towards litigation expenses. The amount of Rs.15,000/- earlier paid

towards interim litigation expenses will be adjustable against the amount

awarded towards litigation expenses today.

For payment of entire arrears of maintenance pendente

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lite as calculated till 30.10.2018 as well as balance of litigation expenses, to

come up on 9.10.2018.

(M.M.S. BEDI)
JUDGE

August 6, 2018. (ANUPINDER SINGH GREWAL)
raj arora JUDGE

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