IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
CR No. 137 of 2016
.
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
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
2
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