219 FAO-4910-2016 with
Present: Mr. A.P. Kaushal, Advocate, for the appellant.
Ms. Surinder Kaur, Advocate, for the respondent.
The non-applicant/appellant-husband filed a petition for decree
of divorce which was dismissed by the lower Court. Aggrieved by the
same, the present appeal has been preferred by the non-applicant/appellant-
During pendency of the appeal, the applicant/respondent-wife
has filed an application under Section 24 of the Hindu Marriage Act
claiming that she is not earning whereas the non-applicant/appellant-
husband is working as Junior Technical Officer with BSNL Department at
Shimla having handsome salary which is agreed as Rs.50,000/- per month
by counsel for the parties.
A female child born out of the wedlock is stated to be with the
non-applicant/appellant-husband with visitation rights to the
In the reply filed, application has been opposed admitting that
the non-applicant/appellant-husband is working as Junior Technical Officer
with BSNL Department at Shimla but at the same time he has referred to his
other liability i.e. to look after old aged parents besides a minor daughter
who is staying with him. The non-applicant/appellant-husband has also
claimed that he is a fulfilling other social obligations towards his married
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sisters. The applicant/respondent-wife is stated to be a graduate having
been PGDCA and is computer qualified and a teacher in a private school.
The averment that she is working in a school, is vague and no details of the
school stand mentioned.
We have taken into consideration the facts and circumstances
of the case.
Even if, it is presumed that the applicant/respondent-wife is
capable of earning on the basis of her education qualification, the said factor
ipso facto not absolve the non-applicant/appellant-husband of his statutory
application under Section 26 of the Hindu Marriage Act. However, the
income of the applicant/respondent-wife, may be a factor for granting lesser
It has been informed that in the present case, a sum of
Rs.5,000/- had been awarded by the lower Court under Section 24 of the
Hindu Marriage Act.
We have reconsidered the facts and circumstances of this case.
Taking into consideration the income of the non-
applicant/appellant-husband could have been granted maintenance pendente
lite @ Rs.15,000/- to Rs.20,000/- but in view of the fact that the child is
being maintained by the non-applicant/appellant-husband and the
applicant/respondent-wife is capable of earning, we deem it appropriate, in
the circumstances of this case, to grant a sum of Rs.10,000/- per month as
maintenance pendente lite to the applicant/respondent-wife. The said
amount will be payable with effect from the date of application i.e.
September, 2017. The litigation expenses are assessed as Rs.40,000/-. A
sum of Rs.20,000/- earlier paid will be deductible from the said amount.
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Application under Section 24 of the Hindu Marriage Act is
allowed in above said manner.
For payment of entire arrears of maintenance pendente lite
calculated till 31.08.2018 and balance of the litigation expenses, adjourned
April 27, 2018. (GURVINDER SINGH GILL)
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