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High Court of Punjab and HaryanaCMM/33/2018allowed

Surender Kumar v. Meena

2018-04-24Mr. Justice S.D.Anand,Mr. Justice Amol Rattan Singh2 pages

CM-7834-CII-2018 in CMM-33-2018 and FAO-M-288-2016 Surender Vs Meena PRESENT Mr.J.P.Ahlawat, Advocate, for Mr.N.D.Achint, Advocate, for the appellant-husband.

Mr.Suresh Kalia, Advocate, for the respondent-wife.

CM-7834-CII-2018, is allowed.

Reply to the application under Section 24 of the Hindu Marriage Act, is permitted to be taken on record. The respondent-wife has filed the present application under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite @ Rs.40,000/- per month claiming that she has got no source of income whereas the appellant-husband is earning a sum of Rs.20,000/- per month by working in a private company in Gurugram. It is also claimed that the appellant-husband is also owner of 4 acres of agricultural land from which he is earning Rs.10,000/- per month.

The application has been opposed denying that the respondent-wife is not capable of earning. It has been vaguely pleaded that she is earning a sum of Rs.20,000/- per month from stitching and embroidery work.

In view of above pleadings and taking into consideration the fact that the lower Court had awarded a sum of Rs.7,000/- per month as maintenance pendente lite, application under Section 24 of the Hindu Marriage Act, is allowed. A sum of Rs.10,000/- per month is ordered to be Raj Kumar Arora 2018.05.04 11:40 I attest to the accuracy and integrity of this document

CM-7834-CII-2018 in CMM-33-2018 and FAO-M-288-2016 paid by the appellant-husband to the respondent-wife as maintenance pendente lite as the appellant-husband is bound to maintain the wife during pendency of the proceedings under the Hindu Marriage Act. The amount of Rs.10,000/- awarded as maintenance pendente lite will be payable from the date of application i.e. February 2018. Litigation expenses to the tune of Rs.25,000/- are also awarded to the respondent-wife. For payment of entire arrears of maintenance pendente lite as calculated till 30.9.2018 as well as litigation expenses, adjourned to 28.9.2018.

(M.M.S. BEDI) JUDGE April 24, 2018.

(GURVINDER SINGH GILL) raj arora JUDGE Raj Kumar Arora 2018.05.04 11:40 I attest to the accuracy and integrity of this document