Shalu Alias vs Rajinder Kumar

Ajay Kumar Mittal, J.

C.M.M. No. 148 of 2013.

This is an application under Section 24 of the Hindu Marriage Act, 1955 (in short, "the Act") filed by the appellant-wife for grant of maintenance pendente lite and litigation expenses. There was a matrimonial dispute between the parties. The respondent-husband filed petition under Section 13 of the Act for dissolution of marriage on the ground of cruelty. The trial Court after examining the entire evidence on record allowed the petition vide judgment and decree dated 16.8.2013 against which the instant appeal has been filed by the appellant-wife. She has also filed the present application under Section 24 of the Act for maintenance pendente lite and litigation expenses, inter alia on the ground that she has no independent source of income. She is at the mercy of her family members. She alongwith her minor son is living with her parents. On the other hand, the appellant-husband is doing business at Chandigarh. He is earning about Rs. 40,000/- per month. It is very difficult for the appellant-wife to meet out the day to day expenses and education expenses of minor child. On these premises, the appellant-wife prays for grant of maintenance pendente lite at the rate of Rs. 25,000/- per month to her and her minor son during the pendency of the appeal in the Court.

Notice of the application was given to the respondent-husband. Reply has been filed by the respondent controverting the averments in the application. It has been inter alia stated that the appellant-wife has already been awarded interim maintenance of Rs. 2000/- per month by the trial court vide order dated 26.3.2014 in proceedings under Section 125 Cr.P.C. besides maintenance pendente lite under Section 24 of the Act amounting to Rs. 25000/- per month vide order dated 17.2.2012 by the trial Court. The respondent-husband was working as Field Assistant in the office of a property Dealer M/s. Pee Kay Associates. He was drawing Rs. 14,000/- per month. He has left the said job in the month of February, 2014. He has started a Karyana Shop at village Buterla, Sector 41-D, Chandigarh and is paying rent of Rs. 3400/- per month. He is living in a rented accommodation alongwith his old parents who are suffering from various ailments. It is further stated that the appellant-wife is earning more than Rs. 20,000/- per month from tailoring and embroidery work. On these premises, prayer for dismissal of the applicant has been made.

We have heard learned counsel for the appellant-wife and perused the record. No one has appeared on behalf of the respondent-husband.

In addition to Section 24, the Court is also empowered to pass interim orders in terms of Section 26 of the act with regard to custody, maintenance and education of minor children. The claim has been made by the appellant-wife in this regard. Accordingly, keeping in view financial position of the respondent-husband, the status of the appellant-wife alongwith her minor son having no independent source of income and the overall facts and circumstances of the case, it would be appropriate to award Rs. 4000/- per month to the appellant-wife and her minor son under Section 24 and 26 of the Act from the date of the application during the pendency of the appeal in this Court. Ordered accordingly. She will also be paid litigation expenses of Rs. 11,000/- by the respondent-husband. The arrears of maintenance pendente lite shall be paid by the respondent-husband to the appellant within two months from the date of receipt of a certified copy of this order. CMM No. 148 of 2013 stands disposed of accordingly.