Punjab-Haryana High Court
Sunil Kumar vs Seema Kumari on 20 January, 2015
CM No. 7679-CII of 2014 and
CMM No. 90 of 2014 and
FAO No. 2139 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CM No. 7679-CII of 2014 and
CMM No. 90 of 2014 and
FAO No. 2139 of 2014 218
Sunil Kumar v. Smt. Seema Kumari
Present: Mr. P.R. Yadav, Advocate for the appellant.
Mr. S.K. Yadav, Advocate for the respondent.
CM No. 7679-CII of 2014 This is an application under Section 5 of the Limitation Act for condonation of 47 days' delay in filing the appeal.
After hearing learned counsel for the parties and for the reasons mentioned in the application which is supported by an affidavit of the appellant, the delay of 47 days in filing the appeal is condoned.
CM stands disposed of accordingly.
CMM No.90 of 2014
1. This is an application under Section 24 of the Hindu Marriage Act, 1955 (in short, "the Act") filed by the respondent-wife for grant of maintenance pendente lite and litigation expenses.
2. There was a matrimonial dispute between the parties. The appellant-husband filed a petition under Section 13(1) of the Act for dissolution of marriage by a decree of divorce. The trial court after examining the entire evidence on record dismissed the divorce petition vide judgment and decree dated 27.1.2014 against which the instant appeal has been filed by the appellant-husband. The respondent-wife GURBACHAN SINGH 2015.02.18 14:08 I attest to the accuracy and authenticity of this document High Court Chandigarh CM No. 7679-CII of 2014 and CMM No. 90 of 2014 and FAO No. 2139 of 2014 -2- has filed the present application under Section 24 of the Act for maintenance pendente lite and litigation expenses inter alia on the grounds that she had filed a petition under Section 125 of the Code of Criminal Procedure before the Court at Gurgaon in which a sum of ` 1500/- per month was granted as maintenance which was also not being paid by the appellant. She was staying at the mercy of her family members as she could not survive with ` 1500/- per month and that too was not being paid regularly. On the other hand, the financial position of the appellant was very sound and he was having agricultural land and was earning ` 20,000/- per month by doing the agricultural work. On these premises, the applicant prays for grant of amount of maintenance pendente lite at the rate of ` 7000/-per month and ` 22,000/- as litigation expenses.
3. Notice of the application was given to the appellant- husband. Reply was filed controverting the averments made in the application. It was pleaded that the respondent was working in Hari Ashram School in Pataudi and deliberately she had not been shown on the rolls of the school. She had sufficient means to maintain herself. According to the appellant, he had been paying ` 1500/- per month to the respondent and all the arrears of maintenance had been cleared. Besides this, the appellant had been paying ` 3450/- as monthly tuition fee of both the children and he had no other source of income except doing some agricultural work by taking land on batai. He prayed for dismissal of the application filed under Section 24 of the Act.
4. We have heard learned counsel for the parties and perused the record. Keeping in view financial position of the appellant-husband, GURBACHAN SINGH 2015.02.18 14:08 I attest to the accuracy and authenticity of this document High Court Chandigarh CM No. 7679-CII of 2014 and CMM No. 90 of 2014 and FAO No. 2139 of 2014 -3- the status of the appellant-wife having dependent on her family members, the inflationary trend during these years and the overall facts and circumstances of the case, it would be appropriate to award ` 2000/- per month as maintenance pendente lite to the respondent-wife from the date of the application during the pendency of the appeal in this Court. Ordered accordingly. The litigation expenses of ` 15,000/- has already been paid to the respondent-wife vide order dated 28.7.2014 passed by this Court. However, the amount of ` 1500/- granted by the trial court under Section 125 Cr.P.C or under any other proceedings in respect of the matrimonial dispute shall be adjusted towards the amount payable to the respondent under the present application.
5. CMM stands disposed of accordingly.
FAO No. 2139 of 2014
Heard.
Admitted.
To be listed for final hearing on 19.3.2015.
(AJAY KUMAR MITTAL)
JUDGE
January 20, 2015 (SNEH PRASHAR)
gbs JUDGE
GURBACHAN SINGH
2015.02.18 14:08
I attest to the accuracy and
authenticity of this document
High Court Chandigarh