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Judgments of Supreme Court of India and High Courts

Sharma vs Suman Kumari on 3 March, 2020

.

FAO No.119 of 2019

03.03.2020 Present: Mr. Malay Kaushal, Advocate, for the appellant.

Mr. Adarsh K. Vashisht, Advocate, for the
respondent.

r to
CMP No.13658 of 2019

By way of this application, applicant has prayed

for grant of maintenance pendente­lite to her to the tune of

Rs.15,000/­ per month and payment of an amount of

Rs.20,000/­ as litigation expenses from the respondent.

The main appeal has been filed by the applicant

against the judgment passed by the Court of learned

Additional District Judge, Ghumarwin, District Bilaspur,

H.P. in H.M.A. Petition No.45/3 of 2015, titled as Puneet

Sharma Versus Suman Kumari, decided on 19.01.2019, vide

which a petition filed by the present respondent under

Section 13 (1) (ia) (ib) of Hindu Marriage Act, for dissolution

of marriage was allowed by the learned Court below. The

operation of the impugned judgment has been stayed by this

Court vide order dated 12.04.2019.

Learned counsel for the applicant has argued

that the applicant is an unemployed lady and she has no

source of income. Out of the wedlock between the applicant

and the non­ applicant/respondent, two children were born,

04/03/2020 20:26:51 :::HCHP
.

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who are residing with the applicant. He further stated that

the respondent is gainfully employed and he is earning about

Rs.35,000/­ per month and he has no liability whatsoever,

therefore, prayer made in the application be allowed.

On the other hand, learned counsel for the

respondent submits that the present application is devoid of

any merit because the plea of cruelty which was taken by the

respondent against the present applicant before the learned

Court below stood accepted on merit and the non­applicant

thus is not liable to pay any maintenance pendente­lite or

litigation expenses to the applicant. He further argued that

the non­applicant is serving in a private company and he is

earning a meagre amount of Rs.20,000/­ per month and it is

not as if the non­applicant has no liability as he has to look

after his aged parents.

The Court has been informed that during the

pendency of the divorce petition, non­applicant was directed

by the learned Court below to pay an amount of Rs.5,000/­

per month as maintenance pendente­ lite and in addition he

has also been directed to pay an amount of Rs.55,000/­ as

litigation expenses.

04/03/2020 20:26:51 :::HCHP

.

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At this stage, learned counsel for the applicant

submits that the order so passed by the learned Court below

has not been complied with by the non­applicant in entirety.

Having heard learned counsel for the parties and

having perused the averments made in the application as

well as response submitted thereto, this application is

disposed of with the direction that during the pendency of

the present appeal, non­applicant shall pay to the applicant

an amount of Rs.7,000/­ per month as maintenance

pendente­lite. This is for the reason that during the course of

arguments, learned counsel for the non­applicant could not

dispute the fact that the applicant is an unemployed lady

and she has to look after herself as well as two minor

children of the applicant and non­applicant. Further it has

not been disputed that the income of the non­applicant at

least is Rs.20,000/­ per month. There is nothing on record to

demonstrate that he has any major liability and that out of

his salary he cannot not pay an amount of Rs.7,000/­ per

month to the applicant as maintenance pendente­lite.

This amount shall be payable from the month of

April, 2019. Arrears up to the month of March, 2020 shall be

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paid by the non­applicant to the applicant within a period of

four weeks from today and thereafter, regular payments

shall be made before the 10th day of each month from April

2020 onward. In addition, the non­applicant shall also pay

an amount of Rs.10,000/­ as litigation expenses. Said amount

shall also be paid within four weeks from today.

FAO No.119 of 2019

List for consideration on 28.04.2020.

Copy dasti.

(Ajay Mohan Goel)
Judge

March 03, 2020
(Rishi)

04/03/2020 20:26:51 :::HCHP

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