Himachal Pradesh High Court
Maninder Singh vs . Rajni Bala on 9 August, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Maninder Singh vs. Rajni Bala .
FAO(FC) No.12 of 2022 09.08.2023 Present: Mr.Ashok Kumar Thakur, Advocate, for the appellant.
Mr.N.K. Thakur, Senior Advocate, alongwith Mr.Karan Veer Singh & Ms.Ritu Singh, Advocates, for the respondent.
of CMP No.16353 of 2022 This application has been filed by the applicant- rt respondent seeking direction to the non-applicant/appellant to pay maintenance pendente lite in present matter.
In sequel to order passed by this Court, applicant-
respondent as well as non-applicant/appellant have filed their respective affidavits alongwith details of their assets and liabilities.
Applicant-respondent is serving as a Contract Teacher and earning `22,860/- per month as salary. She is also maintaining 17 years old son of the couple, who is a student.
Non-applicant/appellant has furnished details with respect to his occupation as unemployed, but with claim of monthly income of `5000/- and monthly expenditure of `7000/-
approximately. The obligations towards parents have been mentioned as `1000/- per month. This information is irreconcilable.
It has come on record that non-applicant/appellant is owning a Car of Model 2008 and Splendor Motorcycle of Model 2012. According to non-applicant/appellant he is using these vehicles off and on but not regularly.
It has also been stated in the information that non-
applicant/appellant has paid `2,40,000/- for welfare of applicant-
respondent and their child.
On inquiry, learned counsel for the non-
applicant/appellant has clarified that amount of `2,40,000/- was ::: Downloaded on - 10/08/2023 20:33:59 :::CIS paid on filing of Execution Petition by the applicant-respondent for .
recovering maintenance allowance awarded in her favour during pendency of proceedings before the Family Court. According to him, the said amount was paid with the help of mother and sister of non-applicant/appellant. Non-appellant/appellant has also placed on record copy of his Passport, indicating that at least for of once he has visited Australia for a considerable period i.e. about three months.
rtLearned counsel for the non-applicant/appellant has further submitted that he had gone Australia on request of his sister, who is residing there to look after her children.
On one side non-applicant/appellant has taken plea that he has obligations of `1000/- per month towards his mother and on the other side, he is saying that he has paid `2,40,000/-
with the help of mother and sister.
It is also noticeable that during pendency of proceedings before the Family Court, a sum of `5000/- was awarded by the Family Court in the year 2016 as maintenance pendente lite.
Learned counsel for the applicant-respondent submits that we are in 2023 and, therefore, appropriate enhancement is necessary in the maintenance amount, on account of inflation and increase of cost of day-to-day expenditure. He has prayed for awarding `10,000/- per month as maintenance.
Taking into consideration material placed before us and other facts and circumstances, we are of the opinion that it would be appropriate to award `7000/- per month as maintenance amount in favour of applicant-respondent payable by the non-
applicant/appellant from the date of filing the appeal till its final adjudication.
::: Downloaded on - 10/08/2023 20:33:59 :::CISAforesaid maintenance shall be paid by the non-
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applicant/appellant regularly on or before 7th of every month, by remitting the same in the bank account of the applicant-
respondent, details whereof shall be supplied by learned counsel for the applicant-respondent to learned counsel for the non-
applicant/appellant. Arrears of maintenance shall also be paid by of the non-applicant/appellant within three months from today.
Application is allowed and disposed of in aforesaid terms.
rt FAO (FC) No.12 of 2022List for consideration on 06.09.2023.
(Vivek Singh Thakur) Judge (Bipin C. Negi) Judge August 9, 2023 (Purohit) ::: Downloaded on - 10/08/2023 20:33:59 :::CIS