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Smt Sughna Devi Alias Baby vs Gopal Sanwaria on 16 December, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No. 1895/2017

Smt. Sughna Devi @ Baby W/o Sh. Gopal Sanwaria, D/o Sh.
Shankar Tepan Bye Caste Khatik, R/o Uniyaron Ka Rasta , Near
Tejaji Ki Bagichi Gulab Badi,chandpole Bazar, Jaipur.
—-Appellant
Versus
Gopal Sanwaria S/o Sh. Prabhulal Sanwaria Bye Caste Khatik,
H.n. 30, Shanti Outside Char Darwaja, Mandi Khatikan Khurre Ke
Upper, Jaipur.
—-Respondent

For Appellant(s) : Mr. Neeraj K. Tiwari
For Respondent(s) : Mr. Deepak Goyal

HON’BLE MRS. JUSTICE SABINA

HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

16/12/2019

D.B. Cr. Misc. Application No. 41218/2019

Vide this order, application under Section 24 of the

Hindu Marriage Act, 1955 shall be disposed of.

Learned counsel for the applicant has submitted that

the respondent is running a meat and a grocery shop in Jawahar

Nagar, Jaipur and is earning more than Rupees One Lakh per

month. Hence, it is prayed that the applicant be granted Rupees

Ten Thousand per month by way of maintenance pendente lite.

Learned counsel for the respondent has opposed the

application and has submitted that in-fact, respondent is working

in a shop owned by his brother and is only earning Rupees Six

Thousand per month. Learned counsel has submitted that the

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respondent was directed to pay Rupees Two Thousand and Four

Hundreds per month to the applicant/appellant as maintenance

pendente lite by the Family Court.

Respondent had filed petition under Section 13 of the

Hindu Marriage Act seeking a decree of divorce. Vide impugned

judgment and decree dated 25.2.2017, divorce petition filed by

the respondent was allowed. Hence, the appeal has been filed by

the wife/appellant challenging the decree passed by the Family

Court. During the pendency of the appeal, applicant/appellant has

filed application under Section 24 of the Act seeking maintenance

pendente lite and expenses of the proceedings.

Although, it is the case of the applicant/appellant that

the respondent is earning Rupees One Lakh per month, but there

is no other corroborative material available on record to come to a

conclusion that the respondent is earning the said amount.

From the reply filed by the respondent, it is evident

that he has stated in Para 6 that he was earning Rupees Six

Thousand per month as he was working in a shop of his brother.

Although, it is the case of the respondent that the shop

is owned by his brother, but it is possible that the respondent and

his brother are running the shop together. Hence, keeping in view

the facts and circumstances of the present case, we are of the

opinion that it would be just and expedient to grant Rupees Five

Thousand per month by way of maintenance pendente lite to the

applicant/appellant during the pendency of the appeal.

Accordingly, the application is allowed. Respondent is

directed to pay Rupees Five Thousand per month towards

maintenance pendente lite to the applicant/appellant from the

date of filing of the application till the decision of the appeal.

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Respondent is further directed to pay Rupees Ten Thousand to the

applicant/appellant towards litigation expenses.

Learned counsel for the applicant/appellant has

submitted that he will furnish the details of the bank account of

the applicant/appellant before this Court as well as to the counsel

for the respondent within one week from today.

Respondent is directed to deposit the amount of

maintenance pendente lite in the account of applicant/appellant on

or before 7th of each month. Arrears of maintenance pendente lite

as well as litigation expenses be deposited by the respondent in

the account of the applicant/appellant within six weeks from

today.

(NARENDRA SINGH DHADDHA),J (SABINA),J

Anil Makwana /10

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