Civil Revision No. 4839 of 2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
—
Civil Revision No. 4839 of 2017(OM)
Date of decision: 27.07.2017
Kanwaljit Singh …….. Petitioner
Versus
Smt. Devinder Kaur …….Respondent
Coram: Hon’ble Mrs. Justice Rekha Mittal
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Present: Mr. Prateek Sodhi, Advocate
for the petitioner
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Rekha Mittal, J. (Oral)
The present petition directs challenge against order dated
18.05.2017 (Annexure P3) passed by the Additional District Judge,
Amritsar whereby application under Section 24 of the Hindu Marriage Act,
1955 (in short, HMA) filed by the respondent-wife in proceedings under
Section 13 HMA initiated by the petitioner has been allowed and the
respondent has been awarded maintenance pendente lite @ Rs.7500/- per
month.
Counsel for the petitioner would urge that maintenance
assessed by the Court is on higher side and needs to be reduced. To
substantiate his contention, he has two fold submissions to make. It is
argued that carry home salary of the petitioner is Rs.19,446.00, therefore,
amount assessed by the Court is more than 1/3rd of carry home salary of the
petitioner. Another submission made by counsel is that the petitioner is
working in the Army and he has to incur expenses on his travel to met his
family. In addition, he has the liability to meet expenses on his parents.
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Civil Revision No. 4839 of 2017 2
I have heard counsel for the petitioner and perused the paper
book particularly the order impugned.
The petitioner has filed the petition seeking a decree of divorce
from the respondent-wife. There is nothing on record suggestive of the fact
that the respondent has any source of income to maintain herself. The
petitioner is admittedly working in the Army and is drawing gross salary of
Rs.27,750.00. Perusal of salary certificate (annexure P4) would make it
evident that none of deductions from his salary are statutory in nature and
the amount deducted would be available at the credit of petitioner. Under
the circumstances, the petitioner cannot gain any advantage of the
deductions in order to find fault in assessment of maintenance by the Court.
There is nothing on record suggestive of the fact that parents of
the petitioner are dependent on him. As per the settled position in law, wife
is entitled to enjoy the same amenities of life as she would have, had she
been residing with her husband.
For the foregoing reasons, the petition fails and is accordingly
dismissed. However, nothing stated hereinbefore shall be construed as an
expression of opinion on merits of the controversy.
(Rekha Mittal)
Judge
27.07.2017
mohan bimbra
Whether speaking/reasoned: Yes/No
Whether reportable : Yes/No
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