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Surinder Kumar vs Saroj Rani on 24 July, 2018



Decided on: July 24, 2018.

Surinder Kumar
.. Appellant

Saroj Rani
.. Respondent



PRESENT Mr.Gautam Bhardwaj, Advocate,
for the appellant.


This is husband’s appeal against the order dated

30.4.2018, allowing the application filed by the respondent-wife and

granting her maintenance pendente lite @ Rs.4,000/- per month besides

litigation expenses to the tune of Rs.6,000/-.

A perusal of the order indicates that the plea of the

appellant-husband that the respondent-wife earns a sum of Rs.7,000/- to

8,000/-per month by doing the embroidery and stitching work has been

considered and rejected by the lower Court. The lower Court has passed the

impugned order considering that the appellant-husband being an able

bodied person is legally and morally bound to pay maintenance.

Counsel for the appellant-husband has vehemently

contended that as a matter of fact, the appellant-husband had earlier filed an

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application under Section 9 of the Hindu Marriage Act, against the

respondent-wife as she had left his company without any reasonable cause.

Later on, the parties had agreed to get the marriage dissolved by filing a

petition under Section 13-B of the Hindu Marriage Act. A sum of Rs.1.5 lac

was allegedly settled as the amount of permanent alimony out of which a

sum of Rs.50,000/- had been received by the respondent-wife.

We have considered the contentions of the learned

counsel for the appellant-husband who has been deputed by the State Legal

Services Authority. We find that the pleas taken up in the appeal have not

been raised before the lower Court. Even if the arguments are considered

still the respondent-wife cannot be deprived of the maintenance pendente

lite and litigation expenses as there does not appear to be any valid

document produced on record of the lower Court file or before this Court to

establish the earnings of the respondent-wife.

Counsel for the appellant-husband, at this stage, has

submitted that the matter can be referred to the Mediation and Conciliation

Centre of Punjab and Haryana High Court.

We have also considered the above contention. The

Courts are never averse to the settlement of the matrimonial disputes by

amicable means in the light of spirit of provisions of Section 23 (2) of the

Hindu Marriage Act but the said exercise can also be undertaken at the

ADR Centre, Sirsa where the matrimonial dispute is pending. In the present

case, it is the respondent-wife who has initiated proceedings for divorce on

the ground of cruelty. If the parties are genuinely not interested to stay

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together as is apparent from the contention of the learned counsel for the

appellant-husband that earlier a petition under Section 13-B of the Hindu

Marriage Act, has been filed, this circumstance can be considered by the

Court below or the ADR Centre while making an attempt to settle the

dispute between the parties by joining or parting company subject to

settlement of the terms.

Find no ground to interfere in the impugned order passed

by the lower Court granting maintenance pendente lite, the present appeal is

dismissed expecting that the Court below shall make an endeavour to

expeditiously dispose of the matter by taking effective steps for amicable

settlement on terms agreed to between the parties. If any amount has been

received by the respondent-wife in proceedings under Section 13-B of the

Hindu Marriage Act, the said amount can always be adjusted against the

amount of permanent alimony or otherwise.


raj arora JUDGE
Whether speaking / reasoned Yes / No
Whether reportable Yes / No

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