Kush Kumar vs Renu Sharma

Ajay Mohan Goel, J

FAO No. 252 of 2019 & CMPs No. 3999 of 2020 and 14449 of 2019

By way of CMP No. 3999 of 2020, a prayer has been made by the applicant/appellant for withdrawal of the appeal which has been filed by him against the judgment passed by the Court of learned District Judge, Hamirpur, titled as Kush Kumar vs. Renu Sharma, dated 23.03.2019, vide which, petition filed under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955, by the present appellant was dismissed.

Mr. Suneet Goel, learned Counsel for the respondent submits that during the pendency of this petition, the respondent has filed an application, i.e. CMP No. 14449 of 2019, under Section 28 of the Hindu Marriage Act, praying for maintenance pendent-lite as also for litigation charges. He further submits that record of the appeal would reveal that the matter was fixed for mediation on various occasions and the respondent undertook journey to Shimla for the purpose of mediation, which could not be successful on account of attitude of the appellant. He further submits that in order to avoid the payment of litigation expenses and maintenance pendent-lite and further to harass the respondent, now the appellant/applicant has evolved a clever way out, by filing this application for withdrawal of the appeal. He thus submits that if this Court is inclined to allow the application for withdrawal, then the appellant be directed to pay maintenance pendent-lite as well as litigation expenses for the period this appeal remained pending adjudication before this Court.

Learned Counsel for the appellant submits that some reasonable amount be ordered on this count.

The Court has been informed that the wages of the appellant are approximately Rs.60,000/- per month, which he is earning in his capacity as a Government servant.

The application for withdrawal of the appeal (CMP No. 3999 of 2020) filed by the appellant is allowed by permitting the appellant/applicant to withdraw the present appeal. Similarly, the application which has been filed by the respondent, i.e. CMP No. 14449 of 2019, praying for payment of maintenance pendent-lite as well as litigation expenses, is disposed of with the direction that the appellant shall pay a lump sum amount of Rs. 50,000/- as litigation expenses and maintenance pendent-lite to the respondent on account of filing and pendency of this appeal within six weeks from today. The amount of Rs.50,000/- has been arrived at by the Court keeping in view the fact that the appeal remained pending in this Court for about one year. The respondent attended mediation proceedings at Shimla. As it is not in dispute that the monthly wages of the appellant are about Rs.60,000/- per month, therefore, this Court awards an amount of Rs.50,000/- as lump sum compensation towards litigation expenses as well as maintenance pendent-lite for the entire period of pendency of this appeal which amount thus roughly comes to Rs. 5,000/- per month, including litigation expenses. The amount shall be remitted in the bank account of the respondent, details whereof shall be provided by learned Counsel for the respondent to learned Counsel for the appellant. Both the applications stand disposed of accordingly.

Consequently, the appeal stands dismissed as having been withdrawn. Pending miscellaneous applications, if any, also stand disposed of accordingly.