Kanti vs Raj Pal
2016 Latest Caselaw 7145 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                           Date of Decision: 29th November, 2016
+      MAT.APP. 36/2012
       KANTI                                     ..... Appellant
                          Through:    Mr. Parambir Singh and Ms.
                                      Reena Bhola, Advs.
                          versus
       RAJ PAL                                    ..... Respondent
                          Through:    Mr. Rajat Aneja, Ms. Chandrika
                                      Gupta and Ms. Arohi Holani,
                                      Advs. with respondent in
                                      person.
       CORAM:
       HON'BLE MR. JUSTICE J.R. MIDHA

                       JUDGMENT (ORAL)

1. The appellant has challenged the decree of divorce granted by the Learned Additional District Judge under Section 13(1A)(i) of the Hindu Marriage Act, 1955.

2. The parties were married in the year 1989 and they lived together till 25th December, 2003 when the appellant left the matrimonial home. The respondent filed the petition for divorce against the appellant in 2004 which resulted in a decree of judicial separation on 04th December, 2007. After the expiry of one year of the judicial separation, the respondent filed a fresh petition of divorce under Section 13(1A)(i) of the Hindu Marriage Act which resulted in a decree of divorce on 31st January, 2012.

3. The parties are living in the same house but in different rooms. On 25th October, 2016, both the parties agreed to make an endeavour

to live together without prejudice to their rights and contentions in this appeal. Both the parties present in Court submit that due to temperamental differences, they cannot live together anymore and, therefore, the decree of divorce granted by learned ADJ be upheld.

4. The appellant present in Court along with her counsel submits that respondent is paying maintenance of Rs.1,800/- per month to her which is not sufficient for sustenance. She submits that permanent alimony of Rs.5,000/- per month be awarded to her and she be permitted to continue staying in the same house at present. The appellant also seeks litigation expenses of Rs.55,000/- from the respondent.

5. Both the parties have filed the affidavit of their assets, income and expenditure. The respondent is a hawker and he claims to be earning Rs.6,000/- to Rs.7,000/- per month whereas the petitioner is a Helper in Anganwari earning Rs.2,500/- per month and is also selling small items outside a shop.

6. This Court is of the view that the minimum wages of Rs.10,582/- in respect of the semi-skilled worker should be taken into consideration to determine the permanent alimony to the petitioner. Since the petitioner is already earning Rs.2,500/-, permanent alimony in the form of monthly maintenance of Rs.2,500/- which should be sufficient for her sustenance. The appellant would be entitled to continue to staying in the same house and the parties shall not disturb each other with respect to the respective portions in their possession.

7. This Court is satisfied that there is no infirmity in the decree of divorce granted by the learned ADJ. The decree of divorce granted by

learned ADJ is upheld. The respondent shall be liable to pay the permanent alimony in the form of monthly maintenance of Rs.2,500/- to the appellant by depositing the same in appellant's Bank A/c. No.21290100033686 with Bank of Baroda, Patparganj, Delhi by 10th of each English calendar monthly in advance. The maintenance for the month of December, 2016 shall be deposited in the account of the appellant on or before 10th December, 2016. The appeal is disposed of in the above terms.

8. Learned counsel for the appellant submits that there are arrears of past maintenance. The appellant shall compute the arrears and intimate the same to the counsel for respondent within a period of two weeks from today whereupon the respondent shall reconcile the account and the arrears, if any, shall be cleared by the respondent within a period of four weeks of computation to be sent by the appellant.

9. The respondent shall pay the litigation expenses of Rs.15,000/- to the appellant in five equal instalments commencing 10th December, 2016. The parties shall not disturb each other with respect to the respective portions in their possession. The parties shall withdraw all pending cases within a period of four weeks from today. All pending applications are disposed of.

10. Copy of this judgment be given dasti to learned counsels for the parties.

NOVEMBER 29, 2016                                     J.R. MIDHA, J.
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