The amount of maintenance pendente lite to be awarded to a wife under Section 24 of the Hindu Marriage Act, 1955, should be determined by considering the husband's income, the wife's earnings, the standard of living that the wife would have enjoyed if she had continued to live with her husband, and the wife's status.

Swatanter Kumar, J. - CM No. 12069-CII/99

In this application, the applicant has prayed that the respondent-husband in the present appeal be restrained from contracting another marriage during the pendency of the present appeal. This application, in fact, stood disposed of vide order dated 8.10.1998 passed by the Division Bench where the respondent has been restrained from contracting second marriage.

Consequently, this application stands disposed of, as no order is called for.

CM No. 64-M/98

This is an application filed by the appellant-wife claiming maintenance pendente lite at the rate of Rs. 2,000/- per month and Rs. 10,000/- as litigation expenses.

2. The undisputed facts are that the marriage between the appellant and the respondent was solemnised on 2.7.1989 at village Kothe Neemwala, Maur, Tehsil Barnala, District Sangrur according to the Sikh rites. The parties lived together as husband and wife for a short time. Later the husband filed a petition for divorce under Section 13 of the Hindu Marriage Act on the ground of cruelty towards the husband and his family members and the ground that the wife had deserted the husband for a period of more than two years and six months prior to the filing of the petition. The petition itself was filed on 16.3.1995. The petition for divorce was contested by the wife. However, vide judgment dated 3.8.1998, the learned District Judge, Bathinda decreed the petition for divorce and dissolved the marriage between the parties leaving them to bear their own costs. The judgment of the learned District Judge, Bathinda, is impugned in the first appeal before this Court. The present application under Section 24 of the Hindu Marriage Act has been filed in this appeal.

3. It is averred by the appellant-wife that she has to come all the way from Sangrur to Chandigarh to pursue the appeal filed by her and in the present days of rising prices, she finds it very difficult to make the both ends meet by meagre maintenance of Rs. 400/- per month, which has been awarded to her under Section 125 of the Code of Criminal Procedure. It is further averred that at the time of filing of the application, the respondent was working as a Naik in the Army and was drawing salary of Rs. 6,000/- per month. It is further stated that the husband has no other liability except towards the wife. During the course of arguments, it was pointed out by the learned counsel for the appellant that the respondent-husband now has become a Hawaldar in the Army and is now drawing much higher salary than what he was drawing earlier. On these facts, the appellant-wife is claiming the above maintenance and litigation expenses.

4. Reply to this application has been filed by the respondent-husband. It has not been denied in the reply that the husband is employed in the Army as Naik. It was also not denied during the course of argument that he has become Hawaldar. However, it was contended that the carry home salary after deduction of the husband is Rs. 2,500/- per month. It was averred that the wife is earning a sum of Rs. 2,500/- per month by doing the work of embroidery in addition to getting a sum of Rs. 400/- as maintenance under the order of the court under Section 125 of the Code. As such, the appellant-wife is not entitled to get any further maintenance.

5. As is clear from the above narrated facts that there is hardly any dispute as far as the status of the husband and his earning is concerned. According to the counsel for the respondent-husband, carry home salary of respondent- husband bank as Naik was Rs. 2,500/- per month, which has obviously increased on his promotion. The husband has not placed on record his salary certificate or any other relevant documents, which normally remain in his power and possession. It is specifically for the husband to give particulars of all deductions being effected from his salary. It is not understandable as to how a person receiving salary of Rs. 6,000/- would only get Rs. 2,500/- carr