CMM-50-2017 in FAO-M-273-2016
Sukhwinder Singh Vs Urmila
PRESENT Mr.Arun Abrol, Advocate,
for the appellant-husband.
Mr.Randeep Singh, Advocate, for
Mr.Vipin Mahajan, Advocate,
for the applicant/respondent-wife.
The applicant/respondent-wife has filed an application
under Section 24 of the Hindu Marriage Act, claiming that she does not
have any source of income whereas the appellant-husband is earning more
than Rs.70,000/- per month by running a bakery shop at Amritsar. She has
claimed maintenance pendente lite @ Rs.20,000/- per month.
The appellant-husband has filed reply stating that he is
only a labourer and is not owner of any bakery shop. No document has been
placed on record to establish the monthly income of the appellant-husband.
It has been informed that a sum of Rs.2,000/- per month
was ordered to be paid in the year 2016, in proceedings under Section 24 of
the Hindu Marriage Act and further in proceedings under Section 125
Cr.P.C., a sum of Rs.2500/- per month as maintenance has been ordered to
be paid in the month of March, 2018.
We have considered the facts and circumstances of the
case. The appellant-husband is an able bodied person capable of earning.
The appellant-husband has not come forward to clarify as to how he is
earning his livelihood. Even if it is presumed that the appellant-husband is a
labourer, he would not be earning less than Rs.500/- to Rs.600/- per day and
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CMM-50-2017 in FAO-M-273-2016
not less than Rs.20,000/- per month.
Taking into consideration the fact that the
applicant/respondent-wife is not earning anything and has got no source of
income, she cannot be denied her right to claim maintenance pendente lite
under Section 24 of the Hindu Marriage Act.
The application under Section 24 of the Hindu Marriage
Act is allowed and the applicant/respondent-wife is awarded a reasonable
sum of Rs.3500/- per month as maintenance pendente lite which will be
payable from the date of application i.e. April 2017. A sum of Rs.35,000/- is
awarded towards litigation expenses. The amount of Rs.20,000/- earlier paid
towards interim litigation expenses will be adjustable against the amount
awarded towards litigation expenses today. In case any amount is paid as
maintenance in proceedings under Section 125 Cr.P.C., for the above said
period, the same will also be adjustable against the amount ordered by this
Court.
For payment of entire arrears of maintenance pendente
lite as calculated till 30.10.2018 as well as balance of litigation expenses, to
come up on 29.10.2018.
At this stage, it is contended by the counsel for the
appellant-husband that the applicant/respondent-wife stayed with the
appellant only for a period of 3 days and thereafter, left the matrimonial
home. He has stated that in case the applicant/respondent-wife is ready to
stay with him even today, he would withdraw his petition for divorce.
In view of above offer by the appellant-husband, the
parties are directed to appear before the Mediation and Conciliation Centre
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CMM-50-2017 in FAO-M-273-2016
of Punjab and Haryana High Court on 23.8.2018, in order to settle the
matrimonial dispute either by reunion or by parting company.
A sum of Rs.20,000/- will be paid by the appellant-
husband to the applicant/respondent-wife before the Mediator which
amount will be adjustable from the amount of maintenance pendente lite to
be paid on the next date of hearing.
(M.M.S. BEDI)
JUDGE
August 6, 2018. (ANUPINDER SINGH GREWAL)
raj arora JUDGE
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