BRIJ BHUSHAN BADAL Vs. SHASHI BADAL

JUDGEMENT

(1.) Application No.197497 of 2013 dated 10.7.2013 has been filed under Section 24 of Hindu Marriage Act, 1956 by the respondent-wife claiming Rs.25,000/- for the expenses of litigation and Rs.15,000/- per month as maintenance allowance during the pendency of appeal. In para-4 of the affidavit filed in support of the application, it has been stated that she has no independent source of income and she is unable to maintain herself. In para-5 of the affidavit it has also been stated that the appellant is a teacher and is drawing salary of Rs.40,000/- per month.

(2.) An objection/counter affidavit dated 8.11.2013 has been filed today in the Court on behalf of the appellant. In reply to the averments made in para-4 of the affidavit filed in support of the application it has been stated in para-4 of the counter affidavit that the respondent is residing with the father of the appellant and, therefore, there is no need to maintain her by the appellant. In reply to the averment in para-5 of the application it has been reiterated in para-5 of the counter affidavit that she is living with the father of the appellant, who is taking care of her needs. However, the specific averment that he is drawing salary of Rs.40,000/- per month has not been denied and has not been explained. No salary certificate has been filed by the appellant. Mere fact that the respondent is living with the father of the appellant does not mean that there is no need for her maintenance and for her private needs. The respondent has every right to live with dignity and meet her own private expenses and not have to turn to her father-in-law for her expenses. Her father-in-law's house is no gilded cage nor is the respondent an exotic caged bird who is expected to live on doles offered by her father-in-law. The respondent is married to the appellant and as a husband it is the appellant's moral and legal duty to provide for his wife's needs subject to final order in appeal and not resort to plaintive cries to wrigle out of his moral and legal obligation.

(3.) In this view of the matter, it is directed that during the pendency of the appeal, the appellant shall pay a sum of Rs.10,000/- to the respondent per month by way of maintenance allowance from the date of the institution of the appeal and will continue to pay the same during the pendecy of appeal. Arrears from the date of institution of the appeal till today shall be paid to the respondent within a period of four months i.e. by 27.3.2014.