105+221 CM-9316-CII-2018 in
FAO-7965-2015 and CMM-144-2017
SURENDER SINGH
V/S
GEETA AND ANR
Present: Mr. Rajwant Singh Chahal, Advocate, for the appellant.
Mr. Surender Saini, Advocate, for respondent No.1.
*****
The miscellaneous application (CM-9316-CII-2018) is allowed.
Reply to application under Section 24 of the Hindu Marriage
Act is permitted to be taken on record.
Having been unsuccessful in getting a decree of divorce before
the lower Court, the appellant-husband has preferred this appeal.
During pendency of the appeal, the respondent-wife has filed
an application under Section 24 of the Hindu Marriage Act for grant of
maintenance pendente lite @ Rs.30,000/- per month.
It is averred in the application that in proceedings under
Section 125 Cr.P.C, the respondent-wife is awarded a sum of Rs.5,000/- per
month but the arrears for the last three years have not been paid. The
appellant-husband is earning sum of Rs.60,000/- per month by working as a
Satellite Engineer with Aaj Tak news agency with effect from the year 1997.
By estimation, it has been averred that he would be earning not less than
Rs.1,20,000/- per months besides other works as the salaries have been
enhanced. It is admitted that three children between the age of 15 to 19
years, are staying with the appellant-husband.
In the reply filed, the appellant-husband has averred that he is
jobless having liability to maintain three children who are residing with him.
It is averred in the application that he is already paying maintenance @
Rs.5,000/- per month.
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We have considered the facts and circumstances of this case
and are of the opinion that the appellant-husband has got to his credit
educational qualification of an Engineer and it is not expected that he could
be jobless whereas he has not denied the fact that he had been getting a sum
of Rs.60,000/- per month a long time back.
The appellant-husband claims that he is looking after three
children born out of the wedlock who are aged between 15 to 19 years.
Without a source of income, such a liability cannot be discharged by him.
Considering the appellant-husband highly educated
professional with long experience with TV channel, his salary per month is
presumed to be between Rs.50,000/- to Rs. 1 lac.
In view of non-availability of any specific income tax return
having been submitted by the appellant-husband, we presume that the
aforesaid amount is being earned by the appellant-husband taking into
consideration his earning capacity and educational qualification. We
presume that the appellant-husband has taken all out efforts to conceal his
income.
In the interest of justice, taking into consideration his statutory
obligations, we deem it appropriate to grant maintenance pendente lite @
Rs.15,000- to Rs.20,000/- per month but since the children are being looked
after by the appellant-husband, a sum of Rs.10,000/- per month is
considered as reasonable amount as maintenance pendente lite to be paid to
the respondent-wife during pendency of the appeal. The said amount will be
paid with effect from the date of application i.e. September, 2017. A sum of
Rs.5,000/- per month, if paid, in proceedings under Section 125 Cr.P.C.,
would be adjustable against the said amount. Litigation expenses are
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FAO-7965-2015 and CMM-144-2017
assessed as Rs.50,000/-. A sum of Rs.20,000/- towards interim litigation
expenses, earlier paid, will be deductible from Rs.50,000/-.
Application under Section 24 of the Hindu Marriage Act is
allowed in above said manner.
For payment of entire arrears of maintenance pendente lite and
balance of litigation expenses, adjourned to 30.07.2018.
(M.M.S. BEDI)
JUDGE
May 08, 2018. (HARI PAL VERMA)
harsha JUDGE
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