S. Jasbir Singh vs Daljit Kaur
1990 Latest Caselaw 548 Del

JUDGMENT

S.N. Sapra, J.

1. Admitted.

2. With the consent of learned counsel for the parties, I proceed to dispose of the revision petition.

3. Notice to show cause was issued only for the limited purpose, for the payment of the amount of maintenance, by Installments.

4. Shri Jasbir Singh petitioner herein, filed a petition under Section 13 of the Hindu Marriage Act, 1955, for the decree of divorce by annulment of the marriage.

5. During the pendency of the proceedings, respondent wife filed an application, under Section 24 of the Hindu Marriage Act, for interim maintenance and litigation expenses. The application was filed on September 17, 1984. This application was disposed off, by the learned Additional District Judge, by the impugned order, passed on March 24, 1990, thereby, fixing a sum of Rs. 2000/- per month, as maintenance, payable from September 17, 1984 and Rs. 4,000/- towards litigation expenses.

6. From September 17, 1984 to November 30, 1990, a sum of Rs. 1,53,000/-, became payable by petitioner to respondent, under the impugned order. During the pendency of this petition, a sum of Rs. 34,000/- has been paid at different dates, by petitioner to respondent, thus leaving a sum of Rs. 1,l9,000/-, as arrears.

7. Now, the question which arises for decision is, as to what should be the reasonable monthly Installment, to be paid by petitioner, so as, to clear the arrears of Rs. 1,19,000/-. Different submissions have been made by learned counsel for parties. It may be observed that the application, under Section 24 of the Hindu Marriage Act, was filed on September 17, 1984. The application was disposed off on March 24, 1990. Without going into the controversy, as to why, the application could not be disposed of, within a reasonable time, from the date of its filing, I must observe that this delay has resulted into huge arrears, to be payable by petitioner to respondent.

8. Taking into consideration the totality of circumstances, I think, that a sum of Rs. 4000/- per mensem, shall be reasonable amount, to be paid by petitioner to respondent, to clear the arrears. This sum of Rs. 4,000/- shall be, in addition to the sum of Rs. 2,000/- per mensem, which shall be paid by petitioner to respondent, every month. In other words, the total sum of Rs. 6,000/- per mensem, shall be payable, by petitioner to respondent.

9. I direct the petitioner to pay a sum of 4,000/- per mensem, towards the arrears, in addition to a sum of Rs. 2000/- per mensem, every month. This amount of Rs. 6,000/- shall be paid by petitioner to respondent, on or before 15th of each English calendar month. No order as to costs.

10. The records of the trial court be sent back immediately. Parties are directed to appear before the learned Additional District Judge on 24th January, 1991. The petition, now pending before the learned Additional District Judge, shall be disposed of expeditiously.