Delhi High Court
Pramod Kumar vs Sunita on 22 February, 2012
Author: Veena Birbal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP. 96/2007
% Date of Decision: 22.02.2012
PRAMOD KUMAR ..... Appellant
Through: Mr. Mohit Gupta with
Ms. Vidhi Gupta, Advs.
versus
SUNITA ..... Respondent
Through : Mr. Deepak Thukral, Adv. along with
respondent in person
CORAM:
HON'BLE MS. JUSTICE VEENA BIRBAL
VEENA BIRBAL, J.(ORAL)
*
CM No. 4933/2010 in MAT.APP. 96/2007
Present is an application under Section 24 of Hindu Marriage Act, 1955
filed in aforesaid Matrimonial Appeal of non-applicant/husband challenging
impugned judgment dated 08.09.2006, by which his divorce petition has been
dismissed. The aforesaid application is dated 12.03.2010 and prayer is made for
grant of maintenance pendente lite and litigation expenses during the pendency of
the appeal. The Applicant/wife has stated in her application that non-
applicant/husband is working in Delhi Police as a 'Head Constable' and is getting
salary of Rs. 21,000/- p.m. She has stated that he is also having rental income and
is also running a milk dairy, etc. which is his joint family business. As per her, the
total earnings of husband are Rs. 70,000/- p.m. By way of this application, she is
claiming Rs.20,000/- p.m. as maintenance for herself as well as for her minor child
who is of 15 years of age and is studying in Class VIII in a school at Noida. It is
stated in the application that she has to spend around Rs. 3,000/- p.m. on the
education of her son. Reply is filed by the non-applicant/husband wherein it is
stated that during the pendency of divorce petition Rs. 2,500/- maintenance
pendente lite was awarded to the applicant/wife. Thereafter, wife has also moved
an application under Section 125 Cr.P.C. wherein Rs. 4,500/- is awarded to her
towards maintenance for herself and the child. It is also stated that husband has
the liability to look after his old aged parents. He has denied having any other
source of income as is alleged by the wife apart from the salary. His salary
certificate is also placed on record.
I have heard counsel for the parties and perused the record.
Nothing has been placed on record by the applicant/wife to substantiate the
earnings of husband i.e. from rental or family dairy business as is alleged. There is
a salary certificate on record of applicant/husband for the month of July, 2010 and
September, 2010 as per which his gross salary is Rs.23,329/- p.m. There is a
deduction of Rs. 11,000/- p.m. towards GPF contribution which is on higher side
and as it is a voluntary deduction husband can't claim benefit of entire deduction.
With the passage of time his salary has increased further. Learned counsel for
non-applicant/husband has fairly conceded that his present salary after deductions
is Rs. 25,000/- p.m. and has offered a sum of Rs. 7,000/- p.m. towards
maintenance pendente lite to wife and the child to which the counsel for
applicant/wife has conceded. Considering the salary of the husband, the aforesaid
amount is reasonable and proper. Accordingly, the maintenance pendente lite of
the applicant/wife and child is fixed at Rs. 7,000/- p.m. from the date of
application i.e. 12.03.2010. Besides this, she is also entitled to litigation expenses
of Rs. 10,000/-. The maintenance of Rs. 7,000/- shall be inclusive of the
maintenance amount which she is getting for herself and the child i.e. Rs. 4,500/-
under the proceedings of Section 125 Cr.P.C. Appellant is directed to clear the
arrears within four weeks from today.
The application stands disposed of.
MAT.APP. 96/2007
List on 26.07.2012.
VEENA BIRBAL, J
FEBRUARY 22, 2012
kks
