227 FAO-6134-2016 with CMM-201-2017 (OM)
SHRUTI
V/S
PANKAJ KATARIA
Present: Mr. Namit Khurana, Advocate, for the appellant.
Mr. Navkiran Singh, Advocate, for the respondent.
*****
Aggrieved by the grant of decree of divorce to the respondent-
husband on the grounds of cruelty and desertion, the appellant-wife has
preferred this appeal before this Court.
During pendency of the appeal, the appellant-wife has filed an
application under Section 24 of the Hindu Marriage Act for grant of
maintenance pendente lite at the rate of Rs.50,000/- per month alleging that
the respondent-husband is highly qualified person and is earning sum of
Rs.20 lakh per annum by working as Quality Manager in Newgen Software
Technologies Limited. As per the income tax return of the year 2010-11,
income of the respondent-husband was reflected about Rs.6 lakh per annum.
The respondent-husband has contested the application on the
ground that the appellant-wife is working as a Guest Teacher and earning a
sum of Rs.24,000/- per month. The child born out of the wedlock is being
maintained by the appellant-wife but a sum of Rs.10,000/- per month was
being paid as maintenance pendente lite to the child born out of the
wedlock.
We have considered the facts and circumstances of the case.
The respondent-husband has not produced any document to
rebut the income tax return.
Photocopy of the income tax return placed on record indicates
1 of 3
30-08-2018 05:56:54 :::
FAO-6134-2016 with CMM-201-2017 (OM) -2-
that gross income of the respondent-husband was Rs.5,32,991/- during the
financial year 2009-2010.
No material is available on record to establish that the income
of the respondent-husband has deteriorated.
Without going into deep inquiry regarding the actual income of
the respondent-husband, it is sufficient to observe here that he is earning
more than the appellant-wife and the appellant-wife is entitled to be
maintenance commensurate with the status of the respondent-husband. The
respondent-husband, in the present case, is certainly earning more than
Rs.1.5 lakh per month.
Counsel for the respondent-husband has contested the income
tax return contending that an opportunity be granted to the respondent-
husband to establish his actual income and claims that his income is not
more than Rs.45,000/- per month.
We have taken into consideration the totality of the
circumstances and are of the opinion that if the contention of counsel for the
respondent is admitted, the respondent-husband would not be earning less
than sum of Rs.1 lakh, even if income has been decreased after 2010-2011.
In view of the fact that a sum of Rs.10,000/- has been ordered
to be paid to the child, we do not take into consideration the expenses of the
child but are of the opinion that for the additional responsibility shouldered
by the wife, she would be entitled to the maintenance for her maintenance as
well as the child commensurate with the income of the respondent-husband.
A sum of Rs.20,000/- per month is assessed as maintenance
pendente lite to be paid with effect from the date of application i.e.
December, 2017. A sum of Rs.10,000/-, if already paid for the said period,
2 of 3
30-08-2018 05:56:54 :::
FAO-6134-2016 with CMM-201-2017 (OM) -3-
will be adjustable against the amount of Rs.20,000/-. Litigation expenses of
Rs.50,000/- is held payable to the appellant-wife. A sum of
Rs.20,000/-,earlier paid towards interim litigation expenses, will be
deductible from the amount assessed.
Application under Section 24 of the Hindu Marriage Act is
allowed in abovesaid manner.
For payment of entire arrears of maintenance calculated till
30.11.2018, adjourned to 20.11.2018.
(M.M.S. BEDI)
JUDGE
August 23, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE
3 of 3
30-08-2018 05:56:54 :::