CM-3191-CII-2018 in CMM-159-2017 and FAO-M-55-2017 1
Surinder Singh Vs Smt.Sudesh
PRESENT Mr.Rajkapoor Malik, Advocate,
for the appellant-husband.
Mr.Arvind Bansal, Advocate,
for the respondent/wife.
CM-3191-CII-2018 is allowed.
Reply to the application under Section 24 of the Hindu
Marriage Act, in the shape of affidavit of the appellant, is permitted to be
taken on record.
The appellant-husband had filed a petition for divorce
before the lower Court but his petition has been dismissed by the Additional
District Judge, Kaithal,vide impugned judgment and decree dated 1.2.2017.
Aggrieved by the said judgment, the appellant-husband has preferred the
During pendency of the appeal, the respondent/wife has
filed an application under Section 24 of the Hindu Marriage Act, claiming
maintenance pendente lite at the rate of Rs.15,000/- per month besides
litigation expenses claiming that she is not working whereas the appellant-
husband is earning a sum of Rs.40,000/- per month being an employee of
Haryana Police. It has also been averred that he owns 2½ acres of
agricultural land in Village Chandana, District Kaithal, from where his
income is Rs.20,000/- per month.
The appellant-husband in his reply has denied any
earnings from the agricultural land but he has admitted that he is working
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as a Constable. Admittedly, a sum of Rs.7500/- per month was awarded to
the respondent/wife in proceedings under Section 125 Cr.P.C. by the
Judicial Magistrate First Class, Kaithal, as well as in the application under
Section 24 of the Hindu Marriage Act before the lower Court.
A serious controversy has been raised by the counsel for
the appellant-husband regarding the income from the agricultural land.
Be that as it may, the appellant-husband cannot be
absolved of his statutory liability to pay maintenance pendente lite to the
applicant-respondent/wife, especially when she is incapable of earning.
On asking of the Court, it has been informed by the
counsel for the appellant-husband that he is living in a joint family with his
In view of above circumstances, it can be presumed that
the appellant-husband, being a member of joint family, is not required to
spend separately for food and shelter and the respondent/wife is entitled to
maintenance pendente lite commensurate with the economic status and
earning capacity of the appellant-husband. A sum of Rs.15,000/- per month
is considered to be sufficient enough to enable the respondent/wife to
survive and live a dignified and respectable life.
Application under Section 24 of the Hindu Marriage Act
is allowed and the respondent/wife is awarded a sum of Rs.15,000/- per
month as maintenance pendente lite which shall be payable from the date of
application i.e. October 2017. It is made clear that any amount being paid
towards maintenance in proceedings under Section 125 Cr.P.C. or any other
proceedings, will be deductible from the amount of Rs.15,000/- per month
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awarded by this Court today. The amount if any paid will be deductible
while calculating the amount due. Applicant-respondent/wife is also
awarded a sum of Rs.50,000/- as litigation expenses. A sum of Rs.20,000/-
already paid towards interim litigation will be deductible from the amount
of Rs.50,000/- awarded today.
For payment of entire arrears of maintenance pendente
lite as calculated upto 31.7.2018, after adjustments as stated above, as well
as balance of litigation expenses, adjourned to 13.7.2018.
February 16, 2018. (GURVINDER SINGH GILL)
raj arora JUDGE
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