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Smt Anita vs Mukesh Kumar on 6 November, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No.2033/2018

Smt. Anita W/o Shri Mukesh Kumar D/o Shri Ramgopal, aged 24
years, R/o Vanasthali Railway Station, Near Railway Quarter,
Ward No.4, Chainpura, Niwai, Distt. Tonk
—-Appellant
Versus
Mukesh Kumar S/o Shri Gopal Lal Verma aged 26 years, B/c
Balai, R/o Plot No.1693, Sanjay Nagar, D.C.M. Ajmer Road,
Jaipur
—-Respondent

For Appellant(s) : Shri Nirmal Kumar Goyal
For Respondent(s) : Shri Shiv Shanker Choudhary

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

06/11/2019
BY THE COURT : (PER HON’BLE DHADDHA, J.)

1. The appellant wife has preferred this appeal against the

order of the learned Family Court No.3, Jaipur passed on

28.2.2018 whereby the learned Family Court allowed the

matrimonial application filed by the respondent husband against

appellant wife u/s 9 of the of the SectionHindu Marriage Act (for short

“the Act”) for restitution of conjugal rights. During pendency of

this appeal, the appellant wife filed an application u/s 24 of the

Act for grant of pendente lite maintenance. The respondent

husband filed reply to the said application.

2. Brief facts of the application are that the appellant wife

in its application stated that she is residing with her parents since

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(2 of 3) [CMA-2033/2018]

2014 and the respondent husband is not paying any maintenance.

She has no source of income whereas the respondent husband is

running contractor-ship business and deals in properties and earns

Rs.1,50,000/- per month. He also has three plots, shops and

agricultural land in Jaipur. The appellant wife is entitled for

maintenance as per living standard of the respondent. Therefore,

Rs.20,000/- per month be awarded for maintenance.

3. Learned counsel for the appellant submits that due to

cruel behaviour of the respondent husband and his family

members, she is residing with her parents since 2014 and he is

not paying any maintenance. He submits that the appellant wife

has no source of income whereas the respondent husband is

running contractor-ship business and deals in the properties. He

has also three plots, shops and agricultural land in Jaipur. He is

earning Rs.1,50,000/- per month. So, the application u/s 24 of the

Act be allowed and Rs.20,000/- per month be awarded as

pendente lite maintenance.

4. Learned counsel for the respondent submits that the

appellant wife has abandoned the respondent husband from

20.4.2014. The learned Family Court No.3 has passed decree of

restitution of conjugal rights against her. So, the application for

pendente lite maintenance is not maintainable. He also submits

that the respondent is a labour and earning only Rs.150/- per

day as daily wage. He does not have any plot, shop or agricultural

land. He has no contractor-ship business also. He has one younger

sister and one brother dependent on him. So, the application u/s

24 of the Act be dismissed.

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(3 of 3) [CMA-2033/2018]

5. We have given our thoughtful consideration to the

arguments advanced by both the parties and perused the

material available on record.

Section 24 of the Act is as under :

“24. Maintenance pendente lite and expenses of
proceedings-Where in any proceeding under this Act it
appears to the Court that either the wife or the
husband, as the case may be, has no independent
income sufficient for her of his support and the
necessary expenses of the proceeding, it may, on the
application of the wife or the husband, order the
respondent to pay to the petitioner the expenses of the
proceeding, and monthly during the proceeding such
sum as, having regard to the petitioner’s own income
and the income of the respondent, it may seem to the
court to be reasonable:”

6. We find no force in the arguments advanced by the

learned counsel for the respondent on maintainability of the

application u/s 24 of the Act because as per provisions of Sectionsection

24 of the Act, it is applicable in any proceeding under this Act. It is

an admitted position that the appellant is wedded wife of the

respondent. The respondent has not produced any evidence

regarding income of the appellant. It is moral and legal duty of

husband to maintain his wife.

7. Therefore, the application filed by the appellant wife u/s

24 of the Act is allowed. The respondent husband is directed to

pay Rs.10,000/- per month as pendente lite maintenance to the

appellant wife from the date of filing of the application i.e. from

16.9.2019.

(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J

RAJ KUMAR CHAUHAN /17/M15

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