FA No.924/2007
Kusumdevi Brahaspat
26.7.2010.
Shri B.K.Bais, counsel for the appellant.
Shri Ankur Shrivastava, counsel for the respondent.
I.A.no.14638/2007 under Section 24 of Hindu Marriage Act
This is an application filed on behalf of the appellant
seeking litigation expenses and maintenance pendente lite. It is
also stated that the appellant is not having any means of her
livelihood and unable to contest the case and to maintain herself.
A reply has been filed by respondent in which the aforesaid
allegations have been denied. It is stated in the reply that the
appellant is having half acre of land at village Juwadi, Tehsil and
Dist. Singrauli and she is earning Rs.4,000/- per month by selling
milk of she goats and cows etc. So no maintenance amount is
required. It is also stated that in the proceedings under Section
125 of Code of Criminal Procedure, an amount of Rs.500/- has
been fixed by way of maintenance to the appellant and Rs.300/-
towards Kumari Sarita Kushwaha, daughter of the parties.
It is submitted by the appellant that looking to the salary of
the respondent, an adequate amount towards maintenance
pendente lite be allowed.
The learned counsel appearing for the respondent opposed
the prayer and reiterated the contentions. From the perusal of the
rejoinder filed by the appellant, it appears that she has denied all
the allegations of the reply. It is stated by the appellant that the
respondent is earning Rs.25,000/- per month. From the perusal of
the pay slip, filed by the respondent, it appears that the
respondent is getting Rs.30,522.55 per month.Out of this, there
are deductions of Rs.17,929.85 towards various loans etc. of the
respondent. However, the net pay of the respondent is
Rs.12,593/- as is appearing from the perusal of the pay slip of the
month of Feb.2010. However, in the month of March, 2010, the
FA No.924/2007
Kusumdevi Brahaspat
net pay was Rs.14,187/- and in the month of June, his net pay
was Rs.18,668.
Considering the aforesaid, we find that the appellant is
having no means of her livelihood and looking to the status of the
respondent, she is entitled for adequate maintenance pendente
lite and also litigation expenses. We find it appropriate to allow
Rs.5,000/- towards litigation expenses and Rs.5,000/- towards
maintenance pendente lite per month.
The aforesaid amount shall be payable by the respondent
from the next month and shall be payable on or before 10 th of
every month to the appellant. The amount shall be paid by the
respondent to the appellant by a pay order payable in the name of
Smt.Kusumdevi or he may deposit the said amount before the trial
Court at Waidhan, Dist. Sidhi.
So far as arrears are concerned, the respondent shall
deposit all the arrears from the date of filing of the application I.e.
10th December, 2007 in equal ten instalments payable every
month by the respondent to the appellant.
So far as litigation expenses are concerned, the said
amount shall be deposited by the respondent within a period of 15
days from today.
The amount of maintenance paid to the appellant under
Section 125 of the Code of Criminal Procedure shall be given due
adjustment to the respondent.
Certified copy as per Rules.
(Krishn Kumar Lahoti) (Sanjay Yadav)
Judge Judge
JLL