HANS RAJ Vs. ASHA RANI

JUDGEMENT

(1.) This is an application under Section 24 of Hindu Marriage Act for fixation of the maintenance pendente lite for the wife and for her minor child. This Court has already fixed the litigation expenses at Rs. 2200/- which have been paid. The amount claimed in the application is Rs. 3000/- per month. It is the case of the appellant-applicant that the husband on the death of her father-in-law has inherited land measuring 40 Kanals 13 Marlas. Morever, it has been averred in the affidavit that he is carrying on business. In the affidavit by the husband, it has been averred that he is not getting anything from the land as the same is being cultivated by his brother and that he does not go to the village.

(2.) After reading the averment made in the affidavit filed by both the parties, this Court is of the view that the applicant and her minor child should be allowed a sum of Rs. 1000/- per month by way of maintenance pendente lite. The land owned by the husband gives him sufficient income, apart from the business which he carries. If the husband does not get time to go to his village in view of his busy schedule in the business, surely the business can be said to be fetchy. After taking into consideration all the facts and circumstances of the case, the above amount appears to be most reasonable. The amount would be paid from the date of the application. It is necessary to observe that respondent No. 1 shall not be required to pay both in these proceedings under Section 24 of the Hindu Marriage Act and in the proceedings under Section 125 Civil Procedure Code. On the other hand, the respondent shall be entitled to any adjustment for the amount which he had already paid in proceedings under Section 125 Cr.P.C. for the period which is covered in these proceedings. In these proceedings the arrears of amount be paid within one month from today and the current amount would be payable on or before 7th of every month.

(3.) C.M. stands disposed of.