IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on: 16.03.2026 Pronounced on: 24.03.2026 Jitender Arya …..Appellant versus Annu …..Respondent CORAM: HON’BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MRS. JUSTICE RAMESH KUMARI Present : Mr. Mukesh Yadav, Advocate, for the appellant.

Mr. Prabhat Sharma, Advocate, for the respondent.

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RAMESH KUMARI, J.

CM No. 4003-CII of 2023 For the reasons mentioned in the application, the delay of 134 days in filing the appeal is condoned. Application stands disposed of.

FAO No. 1014 of 2023 (O&M)

1. The present appeal has been filed by the appellant-husband (hereinafter referred to as ‘the husband’) against the impugned order dated 13.07.2022 wherein the learned Family Court, Rewari has awarded a sum of Rs. 25,000/- per month as maintenance pendente lite to the respondent-wife (hereinafter referred to as ‘the wife’) during the pendency of the divorce petition filed by the husband.

2. Learned counsel for the husband contended that the husband is getting monthly salary of Rs. 75,000/- per month as Assistant Professor in Government College, Haryana. It is not disputed that the son is living with him and the daughter is living with the wife. The husband is paying EMI of Rs. 37,221/- per month in lieu of the loan of Rs.28 lacs taken by him from the bank. The husband is also depositing Rs. 4500/- per month in the bank account of his daughter and he also got admitted his son in the school who is living with him and spending Rs. 15,000/- per month on his education. His parents also remain ill and therefore, he is also maintaining them being their only son. The wife has intentionally deserted him. The educational qualification of his wife is M.Sc. (Math) & B.Ed. and she is earning Rs. 40000-50000/- per month by imparting tuition which amount is sufficient for her to maintain herself and her daughter also. Since the wife intentionally deserted him, therefore, she is not entitled for any maintenance allowance. It is further contended that the wife also lodged an FIR No. 409 dated 12.12.2019 under Sections 406, 498-A and 506 of the Indian Penal Code at Police Station Khol against her husband and the husband has since been acquitted in the said criminal case on 09.09.2025 in which he was prosecuted along with his mother. Since the wife lodged false criminal case against the husband, she treated the husband and his mother with cruelty and therefore, the wife is not entitled for any ad-interim maintenance. He vehemently prayed for setting aside the impugned order.

3. Per contra, learned counsel for the wife contended that though the wife is qualified as M.Sc. (Math) & B.Ed. teacher but she has to spend time with her daughter for her upbringing and she has no source of income as she is not working anywhere. Learned Family Court rightly assessed the gross salary of the husband as Rs.75,000/- per month but awarded meagre amount of Rs.25,000/- as maintenance pendente lite to the wife which is not sufficient for her and her minor daughter who is living with her. She vehemently prayed for dismissal of the appeal.

4. We have heard learned counsel for the parties and perused the record.

5. So far as the relationship of the parties to the appeal is concerned, it is not disputed. The husband has filed a divorce petition against the wife and whether husband is entitled for decree of divorce for dissolution of marriage is a matter to be decided by the concerned Family Court after giving due opportunity to both the parties to lead evidence in support of their respective pleas.

6. It is not disputed that the son of the parties to the appeal is living with the husband and the daughter is living with the wife. For the purpose of deciding application under Section 24 of the Hindu Marriage Act, 1955, the only factum to be taken into consideration is the inability of the wife to maintain herself and her daughter during pendency of the proceedings before the Family Court.

Section 24 of the Hindu Marriage Act reads as unde