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Judgments of Supreme Court of India and High Courts

Satish @ Bittoo vs Suresh Devi on 30 January, 2018

228 FAO-3123-2016 and CMM-162-2016


Present: None for the non-applicant/appellant.

Mr. K.L. Saini, Advocate, for
Mr. Ashwani Gaur, Advocate, for the applicant/respondent.


Applicant/respondent-wife has filed an application under

Section 24 of the Hindu Marriage Act seeking maintenance pendente lite @

Rs.25,000/- per month claiming that the non-applicant/appellant-husband is

running the business of transport. He has got income from two and half

acres of ancestral land in the name of minor son born out of the wedlock.

The minor son is studying in 8th standard but the income derived from his

land is being utilised by the non-applicant/appellant-husband. It is averred

in the application that the non-applicant/appellant-husband is earning a sum

of Rs.2500/- per month from each of the labourer who have been rented out

40 rooms. He is also owner of two shops which have been constructed on

the ground floor of the house in which the applicant/respondent-wife is

residing which have been rented out to two doctors at the rate of Rs.5000/-

each per month. It is further averred that the non-applicant/appellant-

husband has installed a RO water plant in the village from which also he has

got earning. Though, in support of the application, an affidavit has been

filed by the applicant/respondent-wife but any material indicating the actual

income of the non-applicant/appellant-husband from any of the sources, has

not been produced.

The respondent has failed to file reply of the application despite

having been given reasonable opportunities to file reply to the application

and contest the same.

The applicant/respondent-wife has disclosed that a sum of

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FAO-3123-2016 and CMM-162-2016 -2-

Rs.3,000/- per month has been awarded as maintenance in proceedings

under Section 125 Cr.P.C.

Though the applicant/respondent-wife has not filed any

document indicating the exact income from all the sources mentioned in the

application but the non-applicant/appellant-husband has also not come

forward to deny the same. It would be deemed to be implied admission

regarding the various sources.

The non-applicant/appellant-husband is statutorily bound to

maintain his wife who claims that she does not have any source of income.

It is ordered that the applicant/respondent-wife will be entitled

to maintenance pendente lite at the rate of Rs.8,000/- per month. A sum of

Rs.3,000/-, if paid, as per the order passed in proceedings under Section 125

Cr.P.C, will be deductible from the said amount. The amount of

maintenance pendente lite will be payable with effect from the date of

application i.e. September, 2016. Litigation expenses of Rs.30,000/- will

also be payable to the applicant/respondent-wife. A sum of Rs.20,000/-

earlier paid will be deductible from the said amount.

The application under Section 24 of the Hindu Marriage Act, is

allowed in the aforesaid manner.

For payment of entire arrears of maintenance and balance of

litigation expenses, adjourned to 09.05.2018.


January 30, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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