JUDGMENT Permod Kohli, J.:- By this order I intend to dispose of the aforesaid two Civil Revision petitions. 2. Civil Revision No. 5645 of 2005 has been preferred by Chander Mohan Sharma-husband against the order dated October 5, 2005 passed by the Additional District Judge (Fast Track Court), Sonepat, whereby an amount of Rs. 4,000/- per month has been awarded as maintenance pendente lite to the respondent-wife and also Rs.7700/- as litigation expenses. 3. Civil Revision No. 225 of 2006 has been preferred by the wife seeking enhancement of the amount of maintenance allowance and litigation expenses. 4. From the impugned order it appears that the salary certificate of the husband was produced before the trial Court wherein the monthly salary is indicated as Rs. 4800/- and the dearness allowance as Rs.2400/-. The total emoluments thus come to Rs.7200/-, out of which the court has awarded an amount of Rs.4000/- per month to the wife as maintenance pendente lite. It is the quantum of maintenance, which has been assailed by the husband in the revision filed by him. The wife seeks enhancement of the amount on the ground that the husband, who is in foreign service is getting Rs. 51109/- as monthly foreign allowance and thus the amount of maintenance awarded by the Court below is not commensurate to the status of the husband as also the wife. 5. I have heard learned counsel for the parties. Though in the impugned order a reference has been made to the foreign allowance being received by the petitioner/husband and he has also admitted the same in the memo of revision petition, yet the trial Court has not returned any finding as to whether the entire amount of allowance is emoluments i.e. income of the petitioner-husband or meant for the expenses to be met while in a foreign country.
Learned counsel for the petitioner has also attracted my attention towards a letter No. Q/GA/791/22/69 ( Vol.II) dated 4th April, 1970 issued by the Government of India, Ministry of External Affairs wherein it is mentioned that the Foreign Allowance is intended to cover the additional cost of living at the station where the officer is posted as well as the expenditure which an officer, while serving abroad, has necessarily to incur either at home or abroad, over and above that which an officer of corresponding category. serving in India is expected to have, to bear. 6. Learned counsel for the petitioner-husband is unable to say whether this document was on the record of the trial Court or not. However, the submission is that the foreign allowance is not an income but only the expenses i.e. cost of living in foreign country. He has tried to explain the nature of expenses incurred by the petitioner-husband while in foreign service in the reply filed before the trial Court in the proceedings under Section 24 of the Hindu Marriage Act. Unfortunately, the trial Court has not made any mention to the reply filed by him, nor has returned any findings with regard to the exact emoluments drawn by the husband, including the foreign allowance. The trial Court has simply referred to the salary certificate and awarded the maintenance to the tune of Rs.4,000/- per month. In my view the trial Court has not proceeded in accordance with law as no positive findings have been returned on the income of the petitioner husband, as also the financial requirement of the wife. In view of the above, the impugned order is not sustainable and is hereby set-aside. The case is remanded back to the trial Court for de novo enquiry. The trial Court will permit the parties to lead their necessary evidence with regard to income of the husband as also of the wife, if any. The enquiry shall be concluded within a period of six months from the date a copy of this order is submitted before the trial Court. Till the enquiry is concluded, the petitioner-husband shall continue to pay Rs.4,000/- per month to the wife.
The enquiry shall be concluded within a period of six months from the date a copy of this order is submitted before the trial Court. Till the enquiry is concluded, the petitioner-husband shall continue to pay Rs.4,000/- per month to the wife. However, in the event the amount of maintenance pendente lite is reduced by the trial Court after the enquiry, the husband shall be entitled to proportionate adjustment towards the maintenance payable to the wife under orders of the Court. The prayer of the wife for litigation expenses before this Court in both the petitions is declined. Both the Civil Revision stand disposed of accordingly. ————————————