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Sukhwinder Singh vs Urmila on 6 August, 2018

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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