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Vinay Kumar vs Sukhwinder Kaur on 27 April, 2018

219 FAO-4910-2016 with
CMM-152-2017

VINAY KUMAR
V/S
SUKHWINDER KAUR

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-

husband.

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

applicant/respondent-wife.

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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06-05-2018 11:33:58 :::
FAO-4910-2016 with -2-

CMM-152-2017

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

maintenance.

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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06-05-2018 11:34:00 :::
FAO-4910-2016 with -3-
CMM-152-2017

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

to 24.08.2018.

(M.M.S. BEDI)
JUDGE

April 27, 2018. (GURVINDER SINGH GILL)
harsha JUDGE

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06-05-2018 11:34:00 :::

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