CR No.4283 of 2015 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
CR No.4283 of 2015
Date of Decision: 27.09.2017
Baljit Kaur ……Petitioner
Nirmal Singh …..Respondent
CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Parminder Singh-I, Advocate
for the petitioner.
Ms. Jigyasa Tanwar, Advocate
for the respondent.
RAJ MOHAN SINGH, J.(Oral)
. Petitioner has assailed the order dated 15.05.2015
passed by Additional District Judge (Fast Track Court), Bathinda
whereby application under Section 24 of the Hindu Marriage Act
for grant of maintenance pendente lite was declined.
. Petitioner filed a petition under Section 13 of the Hindu
Marriage Act for decree of divorce. An application under Section
24 of the Hindu Marriage Act was also filed claiming
maintenance pendente lite on the ground that respondent is
owner of 10 acres of agricultural land in village Dhatt, District
Ludhiana and he has sold one residential house recently for a
consideration of Rs.16,00,000/-. Petitioner claimed maintenance
pendente lite to the tune of Rs.20,000/- per month, besides
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litigation expenses of the equal amount.
. The application was contested by the respondent.
. The Court of Additional District Judge, Bathinda
declined the application vide the impugned order on the ground
that the respondent is about 75 years of age and no
documentary evidence has been placed on record in respect of
sale of Kothi for a consideration of Rs.16,00,000/- and
ownership of the land with the respondent.
. Learned counsel for the petitioner submitted that in the
application filed under Section 24 of the Hindu Marriage Act, a
specific plea was taken with regard to ownership of 10 acres of
land with the respondent and the relevant documents were
shown to the Court at the time of arguments on the application
. A reply has been filed by the respondent in which a
specific stand has been taken in para No.8 of the reply that
share in the land had already been transferred orally by the
respondent in favour of his son in the month of May 2012 and
the said fact has been given effect in the revenue record as well.
. At this stage, documents placed by the petitioner on
record would give necessary explanation in the remarks column
in the context of mutation No.4507 dated 10.06.2012. At this
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stage, learned counsel for the petitioner seeks to withdraw this
revision petition with a liberty to file fresh application under
10.10.2014 i.e. the date on which divorce petition was filed to
07.09.2017 i.e. date on which the divorce petition was accepted
by the trial Court.
. At this stage, without commenting anything on the
merits of the case, I deem it appropriate to allow the petitioner to
withdraw this revision petition with a liberty to file appropriate
application before the trial Court to explain her stand that the
necessary documents were submitted before the trial Court at
the time of arguments on the application under Section 24 of the
Hindu Marriage Act and to seek necessary orders therefrom.
. Dismissed as withdrawn with liberty aforesaid.
September 27, 2017. (RAJ MOHAN SINGH)
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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