BALWANT KAUR Vs. GURMAIL SINGH

JUDGEMENT

(1.) THE wife is present in Court and is prepared to live with the respondent. It is stated that the husband was also present before lunch, but has now gone. Accordingly, reconciliation would be tried on the next date.

(2.) THIS is an application by the wife under Section 24 of the Hindu Marriage Act for grant of maintenance pendente lite and litigation expenses. The parties have three children. The eldest is daughter of 19 years and the elder son is studying in 9th Class. Both these children are with the husband. The younger son is studying in 7th Class and is living with the mother. The partie6 are living separately for the last seven years. The counsel for the parties have stated at the Bar that in a recent order passed by the learned Magistrate in proceedings under Section 125 of the Criminal Procedure Code, for the wife and the youngest child Rs. 350/ - per month have been awarded. The husband is a driver in Pepsu Roadway Transport Corporation, which is a Punjab State undertaking. The amount awarded by the Criminal Court is reasonable. The amount would be considered as maintenance in this case. If maintenance is recovered in these proceedings, the husband will not have to pay under proceedings under Section 125) Criminal Procedure Code and if recovery is made under Section 125, he would not be liable to pay in these proceedings; but he must pay regularly. The arrears should be paid within two months from today. If default is committed it will be open to the wife to move this court for Contempt of court.

(3.) AS regards litigation expenses, I award Rs. 600/ -. This amount should be paid at the earliest possible opportunity.