IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. M-407 of 2010(O&M) Date of Decision: 16.11.2011 Anil Kumar ........Appellant vs. Reshma Devi .......Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE G.S. SANDHAWALIA Present: Mr. Diwan S. Adlakha, Advocate for the appellant Mr. H.P.S. Bhinder, Advocate for Mr. Robin Dutt, Advocate for respondent No. 1 Mr. Ashok Kumar Khubbar, Advocate for respondent No. 2 HEMANT GUPTA, J. FAO No. M-407 of 2010 Learned counsel for the appellant wishes to withdraw the present appeal. Dismissed as withdrawn. CMM No. 100 of 2011 The applicant-respondent has sought Rs. 5000/- as maintenance pendente lite and Rs. 33,000/- as litigation expenses in view the fact that the appellant is working in Indian Army and his salary is Rs. 30,000/- per month, whereas she is not possessed of any means to sustain herself. The appellant has not filed any affidavit to controvert the said fact. FAO No. M-407 of 2010(O&M) 2 Learned counsel for the appellant has pointed out that net salary drawn by the appellant was Rs. 8,699/- after deductions on 21.4.2008 as recorded in the order passed by learned Addl. Sessions Judge, Yamuna Nagar at Jagadhri, therefore, the inference drawn by the respondent is not tenable. After the said order passed by learned trial Court, the pay scales have been revised after implementation of 6th pay commission. Therefore, we are of the opinion that salary of the appellant has increased substantially than what was being drawn by him in April, 2008. Keeping in view the aforesaid fact, we allow Rs. 5000/- as maintenance pendente lite from 23.8.2011 till today and Rs. 11,000/- as litigation expenses. It shall be open to the respondent to recover the said amount in accordance with law. (HEMANT GUPTA) JUDGE (G.S. SANDHAWALIA) 16.11.2011 JUDGE reena