CMM-56-2017 in FAO-M-193-2016
Vijay Pal V/s Smt. Darshana Devi
Present: Mr. Sukhvir Singh Sahu, Advocate,
for the non-aplicant/appellant.
Ms. Meenakshi Poswal, Advocate for the applicant/respondent.
Husband Vijay Pal had claimed divorce against the respondent-
wife. The said petition was dismissed vide impugned judgment and decree
dated 10.3.2016. Aggrieved by the said judgment and decree, an appeal has
been preferred by the husband.
The respondent-wife has claimed her statutory right of
maintenance pendente lite under Section 24 of the Hindu Marriage Act,
1955 by filing an application claiming that she has got no source of income
and that she is maintaining a minor girl, whereas the husband is earning a
sum of ` 30,000/- per month by stationery business.
The husband has filed reply denying that he is running any
stationery shop but he has admitted that he is working as a labourer. He has
levelled allegations against his wife that some other persons of her village
had attacked him and caused injuries to him and as a result of which a
criminal case was registered on 12.9.2014. He explained that the
applicant/respondent-wife is residing in his house and doing stitching work
and that they are living separately.
We have heard counsel for both the parties. The allegations
levelled in the application by the non-applicant/appellant-husband do not
constitute a ground to deny maintenance pendente lite under Section 24 of
the Hindu Marriage Act, 1955 to a wife. Presuming that the non-
applicant/appellant-husband is working as a labourer, being an able bodied
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person, his monthly income can easily be presumed to be not less than
` 15,000/-. The fact that the daughter is at present residing with the non
applicant/appellant-husband and that the wife is staying in the house of the
husband, has not been contradicted by filing any rejoinder.
Without expression of any opinion on abovesaid circumstances,
still the applicant/respondent-wife is entitled to maintenance pendente lite
and litigation expenses, as she had been held to be entitled to maintenance
in proceedings under Section 125 Cr.P.C as well. A sum of ` 4,000/- per
month is considered to be the bare minimum required for preventing the
starvation to the applicant/respondent wife as such she would be entitled to
maintenance pendente lite @ ` 4,000/- per month from the date of the
application i.e. April 2017. A sum of ` 25,000/- is assessed as litigation
expenses. Any amount earlier paid will be adjustable against the amount of
The application under Section 24 of the Hindu Marriage Act,
1955 is allowed in above terms.
For payment of the arrrears of maintenance pendente lite and
litigation expenses, to come up on 9.7.2018.
Both the parties are directed to appear before this Court on the
date fixed at 2.30 P.M.
Entire arrears calculated till 30.6.2018 will be paid on next date
of hearing along with the litigation expenses.
5.2.2018 (Gurvinder Singh Gill)
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