CR No. 6127 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
CR No. 6127 of 2017 (OM)
Date of Decision: 11.9.2017
CORAM : HON’BLE MR. JUSTICE RAMESHWAR SINGH MALIK
Present : Mr.Gurpreet Jayia, Advocate
for the petitioner.
RAMESHWAR SINGH MALIK J. (ORAL)
Feeling aggrieved against the order dated 28.7.2017 (Annexure
P-1) passed by the learned trial court granting an amount of `7,500/- per
month as maintenance pendente lite to the minor son of the petitioner, who is
living with his mother-respondent, petitioner has approached this court by
way of present revision petition under Article 227 of the Constitution of
India, for setting aside the impugned order.
Heard learned counsel for the petitioner.
During pendency of the petition under Section 9 of the Hindu
Marriage Act, 1955 (‘the Act’ for short), filed by the petitioner-husband, an
application under Section 24 of the Act was filed by the respondent-wife for
granting maintenance pendente lite. Since the respondent-wife was also
found working, an amount of `7,500/-per month was granted in favour of
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the minor son only for his maintenance, who is admittedly staying with his
mother-respondent. Petitioner-husband is working as Assistant Sub Inspector
in Punjab Police and his monthly salary is more than `50,000/-. Even if the
argument raised by the learned counsel for the petitioner is accepted that
respondent-wife is also working as a Teacher, still an amount of `7,500/- per
month granted to the minor cannot be said to be on higher side by any
stretch of imagination. Having said that, this Court feels no hesitation to
conclude that the learned court below committed no error of law, while
passing the impugned order and the same deserves to be upheld.
Coming to the judgment of the Hon’ble Supreme Court in
Padmja Sharma Vs. Ratan Lal Sharma, 2000 AIR (SC) 1398, relied
upon by the learned counsel for the petitioner, there is no dispute about the
observations made therein. However, on a close perusal of the cited
judgment, it has not been found to be of any help to the petitioner, being
distinguishable on facts. It is the settled principle of law that peculiar facts of
each case are to be examined, considered and appreciated first, before
applying any codified or judgemade law thereto. Sometimes, difference of
even one circumstance or additional fact can make the world of difference,
as held by the Hon’ble Supreme Court in Padmausundara Rao and
another Vs. State of Tamil Nadu and others, 2002 (3) SCC 533, Union of
India Vs. Amrit Lal Manchanda and others, 2004 (3) SCC 75, State of
Orissa Vs. Md. Illiyas, 2006 (1) SCC 275 and State of Rajasthan VS.
Ganeshi Lal, 2008 (2) SCC 533.
There cannot be any dispute with regard to the proposition that it
is the duty of both husband and wife to share their financial responsibility in
bringing up the children if both are working. This seems to be the reason
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that the learned court below did not grant any maintenance pendente lite in
favour of the wife and it was granted only in favour of the minor child. Since
the impugned order has been found factually correct and legally justified, no
fault can be found with the same and it deserves to be upheld.
During the course of hearing, learned counsel for the petitioner
could not point out any patent illegality or perversity in the impugned order,
which may warrant interference at the hands of this Court, while exercising
its revisional jurisdiction under Article 227 of the Constitution of India. In
fact, the impugned order has been found duly supported by sound reasons
and the same deserves to be upheld, for this reason also.
No other argument was raised.
Considering the peculiar facts and circumstances of the case
noted above, coupled with the reasons aforementioned, this Court is of the
considered view that present revision petition is misconceived, bereft of
merit and without any substance. Thus, it must fail. No case for interference
has been made out.
Resultantly, with the abovesaid observations made, instant
revision petition stands dismissed, however, with no order as to costs.
11.9.2017 (RAMESHWAR SINGH MALIK)
Ak Sharma JUDGE
Whether speaking/reasoned Yes/No
Whether reportable: Yes/No
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