Smt. Nimrat Kaur vs Shri Jatinder Singh

S.S. Sodhi, J.—The controversy here is with regard to the amount payable to the petitioner as maintenance pendente lite and expenses of litigation u/s 24 of the Hindu Marriage Act, 1955. (hereinafter referred to as ''the Act'').

In dealing with the matter, it would be pertinent to note that on the husband''s own showing, he owns 2 commercial flats in Delhi besides 154 Kanals and 11 marlas, of the agricultural land and he amits to having an income of over Rs. 98,000/- per year, out of which, it is stated, he has to pay about Rs. 7,000/- on account of House Tax, Land Revenue and collection charges and another Rs. 10,000/- towards Income Tax. He is thus left with ever Rs. 80,000/- per year as his net income and yet all that Mrs. Harminder Kaur Sandhu, District Judge, Chandigarh found fit to award to the petitioner, was a sum of Rs. 600/-per month as maintenance pendents lite and Rs. 2,000/-as expenses of the litigation.

The law is well-settled that in assessing the amount to be paid as maintenance pendent lite, regard must be had to the status and position of the parties and their respective incomes. Where, as in the case here, the husband has a net income of over Rs. 80,000/- per year, maintenance to the wife at the rate of Rs. 600/- per month, cannot, but be described as ''perverse''.

In justification, a plea was sought to be raised on behalf of the husband that as he had to spend about Rs. 40,000/- a year, on the educational expenses of the his two minor sons, who were studying in reputed public schools at Sanawar and Dehra Dun, his income should be taken to be only about Rs. 40,000/-a year and maintenance to be paid to the wife should thus be assessed accordingly This is indeed an untenable stance. If the husband can afford to spend a sum of Rs. 40,000/- per year, on the schooling of his sons, the mother of these sons too must be, held entitled to maintenance with this standard.

Considering, therefore, the totality of the circumstances of the parties in the context of the property owned by the husband and the income derived from it, the petitioner is hereby granted a sum of Rs. 2,500/- per month as maintenance pendente lite which shall bee payable to her with effect from the date of filing of the application u/s 24 of the Act. As regards expenses of the litigation, it is directed that a sum of Rs. 2,000/- be paid to her towards counsel''s fee and in addition, the husband shall also pay all other expenses of the litigation, like costs of summoning of witnesses and the travelling expanses of the wife for attending to hearings of the court, as may be necessary in the course of the proceedings between them. The husband shall, in addition, pay a further sum of Rs. 2,000/- as the expenses of the litigation, in this court.

The impugned order of the District Judge, Chandigarh, is modified accordingly and this revision petition is thus hereby accepted.