215 FAO-M-269-2015 CMM-114-2015
Present: Mr. Gaurav Jain, Advocate, for the appellant-wife.
None for the respondent-husband.
Claiming that she was unable to earn and was dependent on her
parents, the appellant-wife has sought maintenance pendente lite by filing
an application under Section 24 of the Hindu Marriage Act to the extent of
Rs.15,000/- per month besides litigation expenses of Rs.21,000/-.
It is averred in the application that the respondent-husband is
working as commission agent and property dealer and is also having
agricultural land besides having moveable and immovable property in his
name and was earning sum of Rs.50,000/- per month.
No reply has been filed by the respondent-husband despite
repeated opportunities having been given. Reply has not been filed today
even. No one has put in appearance on behalf of the respondent-husband to
deny the averments in the application.
We have taken into consideration the facts and circumstances
of this case. Though, we do not have any documentary evidence before us to
determine the actual income of the respondent-husband but on the basis of
his implied admission and taking into consideration the fact that a sum of
Rs.4000/- per month has been awarded to the wife by the Chief Judicial
Magistrate, Fatehabad, in proceedings under Section 12 of the Protection of
Women from Domestic Violence Act, the respondent-husband is held liable
to pay the maintenance pendente lite.
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FAO-M-269-2015 CMM-114-2015 -2-
The respondent-husband being an able bodied person, capable
of earning, having not denied to be working as commission agent/property
dealer, having own agricultural land, it can be presumed that he would be
earning not less than a sum of Rs.30,000/- per month.
In view of said circumstances, application under Section 24 of
the Hindu Marriage Act, is allowed. The appellant-wife is awarded a sum
of Rs.10,000/- per month as maintenance pendente lite. The said amount
will be payable with effect from the date of application i.e. May, 2015.
Litigation expenses are assessed at Rs.21,000/-. It is made clear that in case
the respondent-husband has already paid any amount in any other
proceedings of maintenance to the appellant-wife, the said amount would be
deductible from the amount awarded by this Court.
For payment of arrears of maintenance pendente lite calculated
upto 31.07.2018 and the litigation expenses, adjourned to 24.07.2018.
March 22, 2018. (GURVINDER SINGH GILL)
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