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Seema Rani vs Dheeraj Kumar on 7 September, 2017


CMM-58-2016 in


Present: Mr. Rakesh Nehra, Advocate
for the appellant.

Mr. D.K. Tuteja, Advocate
for the respondent.

The claim of appellant-wife under Section 24 of the

Hindu Marriage Act has been considered.

Counsel for the respondent has submitted that the

respondent-husband was not earning prior to August, 2017. However, the

lower Court had granted a sum of `2,500/- per month as maintenance

pendente lite during pendency of the proceedings before the lower Court.

Counsel for the respondent has submitted that the

respondent-husband/non-applicant has started earning a sum of `6,000/-

per month by getting a job of Salesman in Rama Automobiles at Rohtak.

We have considered the facts and circumstances of the case and

are of the opinion that the job of the respondent-husband will not carry

less than the minimum wages fixed by the State Government which is not

less than `15,000/- to `16,000/- per month.

Without entering into the controversy regarding the exact

amount earned by the respondent-husband, we are of the considered opinion

that since the applicant-wife had been granted a sum of `2,500/- per month

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16-09-2017 06:05:25 :::
CMM-58-2016 in FAO-M-194-2015 -2-

after considering the claim of the husband that he was not earning anything,

taking into consideration his capability to earn, it will be prudent in the

interest of justice to grant a sum of `4,000/- per month as maintenance

pendente lite to the appellant-wife during pendency of the proceedings.

This amount will be payable with effect from the date of the application.

A sum of `30,000/- is assessed as litigation expenses. Sum of

`15,000/-, if paid earlier towards litigation expenses, will be deducted from

this amount.

The application is allowed in above terms.

The entire balance of maintenance pendente lite calculated till

30th October, 2017 and the litigation expenses will be paid on next date of

hearing i.e. 15.11.2017.


September 7th, 2017 (AUGUSTINE GEORGE MASIH)
Puneet JUDGE

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16-09-2017 06:05:26 :::

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