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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,
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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.
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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)
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