Research › Search › Judgment

Himachal Pradesh High Court · body

2017 DIGILAW 1101 (HP)

Shipra Saklani v. Arun Mishra

2017-09-21

SURESHWAR THAKUR

body2017
JUDGMENT : Sureshwar Thakur, J. During the pendency of the apposite petition for dissolution of marital ties, one, Shipra Saklani Mishra, impleaded as respondent therein, instituted an application before the learned District Judge, Kangra at Dharamshala, application whereof was cast under the provisions of Section 24 of the Hindu Marriage Act, (hereinafter referred to as the Act), wherein, she reared a claim, for liabilities qua maintenance pendente lite quantified in a sum of Rs.30,000/- per mensem, being fastened upon the respondent herein. 2. The learned District Judge, Kangra at Dharmashala assessed liabilities qua maintenance pendente lite against the respondent herein, comprised in a sum of Rs.10,000/- per mensem. His wife/petitioner herein is aggrieved there from, hence, has instituted the instant petition before this Court. She has in the instant petition claimed that maintenance pendente lite comprised in a sum of Rs.30,000/- per mensem, be, assessed vis-a-vis her, indemnificatory liabilities whereof be fastened upon her husband/respondent herein. 3. For gauging the competing claims of the parties at contest here before, it is imperative to extract the provisions borne in Section 24 of the Act:- “24 Maintenance pendente lite and expenses of proceedings. Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:” A careful reading of the afore extracted provisions, unravels that rendition of any order quantifying per mensem maintenance pendente lite, to hence hold validation, enjoins Courts of law, to, make discernments from the relevant material in respect of the claimants concerned holding, no, independent income sufficient for her or his support also his/her holding no sufficient income for bearing the expenses of the proceedings. Also a cannon is embodied therein, that the claimant's income besides the respondent's income, both being amenable to be borne in mind by the Court concerned, where after, the Court exercising jurisdiction vested under the provisions of Section 24 of the Act, is bestowed with a discretion to assess a reasonable amount of pendente lite maintenance per mensem. Even though, the respondent had contended that the applicant/petitioner herein was rearing a handsome salary comprised in a sum of Rs.80,000/-, from her avocation as a Senior Dietician in Fort is La Femme Hospital, located at Greater Kailash, New Delhi. Also on anvil thereof, he contended that she was possessed of income sufficient to maintain herself besides sufficient for bearing the expenses of the litigation, yet with existence thereat of a letter of 5th January, 2015 and its making a disclosure of hers resigning from the aforesaid avocation besides her resignation being accepted, does validate, the reasoning afforded by the learned District Judge concerned, that, on anvil thereof no conclusion being draw able of hence hers holding income sufficient, to, maintain herself besides, it being sufficient to enable her to bear the expenses of the litigation also concomitantly, thereupon, her application not meriting dismissal. 4. The apparent impropriety, which appears to be visibly committed by the learned District Judge, Kangra at Dharamshala, in, assessing reasonable amount of per mensem maintenance pendente lite vis-a-vis the petitioner, is grooved in the factum of his grossly mis-appraising the relevant displays borne in pay slips of the respondent herein, wherein occur a reflection of the total carry home salary of the respondent herein being comprised in a sum of Rs.91,000/-, whereas, he contrarily construed of the carry home salary of the respondent herein being comprised in a sum of Rs.30,810/-. Reflections also occur in an affidavit filed before this Court by the respondent herein qua his carry home per mensem salary being comprised in a sum of Rs.1,03,000/-. However, the respondent herein has explained, that he is entailed with expenditure towards house rent besides other expenses. Also he has explicated therein that a sum of Rs.57,000/-, detailed therein, as Special Allowance being amenable to volatilities and fluctuations. However, since the special allowance is a part of salary, it is not acceptable that the sums in respect thereto borne in the apposite pay slip being amenable to apposite fluctuations. Also he has explicated therein that a sum of Rs.57,000/-, detailed therein, as Special Allowance being amenable to volatilities and fluctuations. However, since the special allowance is a part of salary, it is not acceptable that the sums in respect thereto borne in the apposite pay slip being amenable to apposite fluctuations. Even if, the respondent herein is entailed with expenditure in respect of all facets/heads detailed in his affidavit, nonetheless, given his being exaggerative in respect thereto also being niggardly vis-avis his wife, thereupon, bearing in mind that the petitioner herein has, no, independent income sufficient to support herself besides for enabling her to bear the expenditure of legal proceedings, also given her status, in sequel, it is deemed just, fit and appropriate to assess vis-a-vis her, a sum of Rs.22,000/- as maintenance pendente lite per mensem, indemnificatory liabilities whereof, is, fastened upon the respondent herein. 5. In view of the above, the instant petition is allowed and the order impugned here before is modified. The respondent is directed to pay a sum of Rs.22,000/- per mensem to the petitioner herein towards maintenance pendente lite, from, the date of application till a decision is made upon the main petition. No costs. Record be sent back forthwith. All pending applications also stand disposed of. The learned trial Court is directed to conclude the trial of the Hindu Marriage Petition within six months from the date of receipt of copy of this order.