Ravinder Kaur@ Narender Kaur vs Ravinder Singh on 24 July, 2017

IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA

CR No. 137 of 2016

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Decided on :24.7.2017

Ravinder Kaur@ Narender Kaur

…Petitioner

Versus

Ravinder Singh

…Respondent

_
Coram
Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?

For the petitioner : Mr. Vaibhav Tanwar,
Advocate.

For the respondent : Mr. Vinod Chauhan, Advocate.

Sureshwar Thakur, Judge (oral)

During the pendency of Hindu Marriage Petition No.

39-S/3 of 2015 before the learned District Judge, Shimla, an

application was preferred before him by the wife/applicant

claiming maintenance pendente lite quantified in a sum of

Rs. 25,000/-. The claim aforesaid stood grooved in the

factum of the non-applicant drawing a salary of Rs.

70,000/- per mensem from his employment as a Guard in

the Indian Railways. The aforesaid factum was contested by

the non-applicant by his furnishing a reply thereto, wherein

he disclosed that his total per mensem earning(s) from his

employment as a Guard in the Indian Railways, not

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exceeding Rs. 20,000/- per mensem. The learned District

Judge believed the aforesaid espousal reared in his reply by

the non-applicant, without his seeking elicitation from him,

.

of best documentary evidence, reflective of his salary from

his employment as a Guard in the Indian Railway being Rs.

70,000/- per mensem or being Rs. 20,000/- per mensem.

The omission aforesaid of the learned District Judge to seek

elicitation of the best documentary evidence in the

aforesaid regard, rather his proceeding to believe the

aforesaid contentions reared by the non-applicant, has

resulted in gross irregularity seeping in the impugned order.

Consequently, it is set aside. In aftermath, the matter is

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remanded to the learned District Judge, Shimla to, after

striking issues on the contentious pleadings, his permitting

the contesting parties to lead their respective evidence

thereon, whereafter he shall within two weeks proceed to

record a fresh decision in accordance with law on an

application preferred before him under Section 24 of the

Hindu Marriage Act. The parties are directed to appear

before the learned District Judge, Shimla on 21.8.2017.

2. Consequently, the instant revision petition is

disposed of. All pending application(s), if any, are disposed

of accordingly.

(Sureshwar Thakur)
Judge
July 24, 2017
Kalpana

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