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Shantibai vs Virendrasingh on 13 December, 2017


F.A. No.3/2017

Indore dtd.13.12.2017

Shri O.P. Chouhan, learned counsel for the appellant.
Shri Kailash Kaushal, learned counsel for the respondent.

Heard on I.A. No.25/2017, an application for grant of stay.
On due consideration, the respondent is restrained from
solemnizing second marriage, during pendency of the appeal.

Accordingly, I.A. No.25/2017 stands allowed and
disposed of.

Also heard on I.A. No.28/2017, an application under
Section 24 of the Hindu Marriage Act, 1955 for grant of
maintenance pendente lite during pendency of the appeal.

Considering the fact that the respondent is working as
driver and he must be getting salary around Rs.10,000-15,000/-
per month, we allow the prayer and direct the respondent to
pay total amount of Rs.3,000/- per month as maintenance
pendente lite(including the amount of maintenance of
Rs.1,000/- per month awarded in proceeding under Section
125 of Cr.P.C.) to the appellant from the date of application till
the first appeal is finally decided, within a period of one month
from today. Apart from the above, the appellant is also entitled
for litigation expenses and, therefore, the respondent is
directed to pay Rs.5,000/- towards litigation expenses. The
amount of arrears of maintenance pendente lite and litigation
expenses be deposited within the aforesaid period from the
date of order and the respondent shall regularly deposit the
amount of maintenance pendente lite @ Rs.3,000/- per month

during pendency of the appeal.

With the aforesaid, I.A, No.28/2017 is disposed of.
Record of the trial court be also called for.
Cc as per rules.

(P.K. Jaiswal) (Virender Singh)
Judge Judge


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