228. CMM-187-2015 IN
SIMRAN @ SAROJ VS BHOOP SINGH
Present: Mr. Sandeep Kumar Goyat, Advocate,
for the appellant.
Mr. Raman Chawla, Advocate,
for the respondent.
Reply to the application under Section 24 of the Hindu
Marriage Act filed. Copy given.
The application under Section 24 of the Hindu Marriage Act has
been filed by the appellant-wife claiming maintenance pendente lite @
`20,000/- per month along with litigation expenses of `25,000/-, claiming
she is unable to earn anything, whereas the respondent-husband is an able
bodied person doing the business of Contractor and having agricultural land
of about 6 acres in Village Gurera, Tehsil Siwani, District Bhiwani. He has
also a plot and other movable property in Teshil Siwani and other places.
Reply has been filed by the respondent-husband claiming that
the appellant-wife is capable of earning as she is well versed in sewing and
earning sufficiently. He claims that he had been working as a Chowkidar,
earning a sum of `3500/- per month but on account of his disc problem, he
has left the job in July, 2012. He claims to be dependent upon the income of
the father who is an old man of 85 years. It is also pleaded that he is already
paying a sum of `5000/- per month to the appellant-wife under the orders
passed in proceedings under Section 125 Cr.P.C. In support of the averments
in the reply, certain documents have been placed on record to substantiate
the plea of his physical ailment. He has also made an attempt to establish
that on account of expenses incurred by him on medical treatment, he is
incapable of paying anything to the appellant-wife.
We have considered the facts and circumstances of the case.
Respondent-husband is an able bodied person. On the basis of his income
and capacity to earn, he has been paying a sum of `5000/- per month to the
appellant-wife in proceedings under Section 125 Cr.P.C. Since both the
parties have not made available any material to enable this Court to arrive at
definite figure of any amount being earned by the respondent-husband, a bit
of estimation in said circumstances is permissible. Respondent-husband is an
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able bodied person, capable of earning, cannot evade his liability to pay
maintenance pendente lite to the wife. The medical record of a private
hospital does not indicate that the respondent-husband has been advised any
bed rest preventing him to continue with his daily activities. Besides this, it
is not the case of the husband that he is bed-ridden and not working. In
peculiar circumstances of this case, striking the balance between the
requirement of the statute and the capability of the respondent and the
capacity to earn of the appellant-wife, we deem it appropriate to grant
maintenance pendente lite to the wife at the rate of `7000/- per month. This
amount will be payable to the appellant-wife from the date of application i.e.
November 2015. It is made clear that any amount paid in proceedings under
Section 125 Cr.P.C. will be deductible from the amount assessed by this
Court. The litigation expenses are assessed as `25,000/-. It is made clear
that a sum of `20,000/- already paid towards interim litigation expenses will
be deductible from the amount assessed by this Court.
The application under Section 24 of Hindu Marriage Act is
allowed in the above terms.
For payment of entire arrears of maintenance pendente lite and
litigation expenses, adjourned to 28.09.2018.
(HARI PAL VERMA)
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