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Judgments of Supreme Court of India and High Courts

Vishanshu vs Deepika on 10 November, 2017

FAO-M-427-2015 (OM)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Decided on: November 10, 2017.

(1) FAO-M-427-2015 (OM).

Vishanshu
.. Appellant
VERSUS
Deepika

.. Respondent

***
(2) CR-7396-2015 (OM).

Deepika
.. Petitioner

VERSUS

Vishanshu

.. Respondent

CORAM: HON’BLE MR.JUSTICE M.M.S.BEDI
HON’BLE MR.JUSTICE AUGUSTINE GEORGE MASIH

***

PRESENT Mr.Nipun Verma, Advocate,
for the appellant-Vishanshu.

Mr.Ram Pal Verma, Advocate,
for the respondent Deepika.

M.M.S. BEDI, J. (ORAL)

This order will dispose of the above noted first appeal as

well the civil revision, both arising out of order dated 11.9.2015, passed

under Section 24 of the Hindu Marriage Act, in a petition for divorce filed

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FAO-M-427-2015 (OM)

by Deepika-wife for dissolution of marriage on the ground of cruelty. Vide

impugned order dated 11.9.2015, maintenance pendente lite @ Rs.7,000/-

per month has been awarded to the wife.

The grievance of the wife in her civil revision is that sum

of Rs.7,000/- per month awarded as maintenance pendente lite is too meagre

for survival and she seeks enhancement of the same whereas the husband

Vishanshu, in his first appeal has sought the setting aside of the said order

on the ground that no opportunity was granted to him to produce on record

the salary certificate.

The wife, in her application, under Section 24 of the

Hindu Marriage Act, had claimed that husband is earning more than

Rs.70,000/- per month without producing any proof of income. The husband

has now come up with a certificate issued by the Vaish Senior Secondary

School, Charkhi Dadri, Haryana, indicating that husband is employed as a

private Teacher and his salary would not exceed Rs.9900/- per month.

Vide interim order dated 28.10.2015, payment of

maintenance beyond Rs.5000/- was stayed during pendency of the appeal.

Counsel for the husband informs that the wife has been

granted decree of divorce on 31.3.2016. The impugned order dated

11.9.2015, in such circumstances, would have effect only till 31.3.2016. The

controversy regarding the amount determined under Section 24 of the Hindu

Marriage Act, would determine the right of wife to claim the amount of

maintenance pendente lite only for a period of six months after the

impugned order as the proceedings under Section 13 of the Hindu Marriage

Act, culminated in decree of divorce on 31.3.2016.

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FAO-M-427-2015 (OM)

Counsel for the husband submits at bar that as per his

information, no appeal has been filed by the husband against the decree of

divorce. Since the controversy after passing of the impugned order is only

for six months though the order has been made effective w.e.f. the date of

the application i.e. April 2015. The maintenance amount beyond Rs.5,000/-

had been stayed.

Taking into consideration the fact that the wife is also

Post Graduate and is capable of earning and no material had been produced

on record before the lower Court regarding the income of husband, we

assess that the amount of Rs.5,000/- per month would be sufficient amount

as maintenance pendente lite in the application under Section 24 of the

Hindu Marriage Act. The order dated 11.9.2015, is modified to the effect

that instead of Rs.7,000/- per month, the wife would be entitled to

maintenance pendente lite @ Rs.5,000/- per month. However, she would

also be entitled to litigation expenses of Rs.20,000/- in addition.

The appeal as well as revision, both are disposed of

accordingly.

(M.M.S. BEDI)
JUDGE

November 10, 2017. (AUGUSTINE GEORGE MASIH)
raj arora JUDGE
Whether speaking / reasoned Yes / No
Whether reportable Yes / No

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