CR No. 8505 of 2017 -1-
In the High Court of Punjab and Haryana at Chandigarh
CR No. 8505 of 2017
Date of Decision: 20.12.2017
Coram: Hon’ble Mrs. Justice Rekha Mittal
Present: Mr. Arvinder Arora, Advocate
for the petitioner
Rekha Mittal, J.
Challenge in the present petition has been directed against order
dated 28.9.2017 (Annexure P-4) passed by the Additional District Judge,
Jagadhri wherey maintenance pendente lite @ Rs. 25000/- per month and
litigation expenses to the tune of Rs.6600/- has been awarded under Section
24 of the Hindu Marriage Act, 1955 (in short “HMA”) in a petition under
Section 9 of the HMA.
Counsel for the petitioner has submitted that maintenance
assessed is on higher side and liable to be reduced. To substantiate his
contention, it is argued that the petitioner has the responsibility to look after
his aged parents. It is further submitted that carry home salary of the
petitioner is Rs. 61,892/- per month. In addition, it is argued that the
petitioner has to incur expenses on his travel etc. for frequent visits to
attend the proceedings pending at Yamuna Nagar as he is Major in army
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and posted at Assam.
I have heard counsel for the petitioner, perused the paper book
particularly the order impugned.
Before adverting to the submissions made by counsel, it is
pertinent to recapitulate the settled position in law that the wife is entitled to
enjoy the same amenities of life which she would have been, has she been
residing with the husband. It is not disputed that out of wedlock of the
parties, a child was born on 9.10.2015, being looked after by the
Counsel for the petitioner has produced copy of statement of
account for September 2017. Perusal thereof would reveal that total salary
of the petitioner was Rs. 90,112/- out of which there is statutory deduction
of income tax and education cess to the tune of Rs. 8000/- per month.
Under the circumstances, income of Rs. 82,000/- is to be considered for
assessing maintenance payable to the respondent.
The petitioner, in reply to the application under Section 24 of
the HMA has stated that his parents and an unmarried and blind uncle are
financially dependent upon him. However, he has not explained as to why
his parents and uncle are financially dependent upon him much less
detailing movable and immovable assests owned by them. It appears that a
vague plea in this regard has been raised by the petitioner to escape his
liability to pay adequate maintenance to his estranged wife and minor child.
Taking into consideration financial status of the petitioner when examined
in the light of discussion made hereinbefore, I find myself unable to accept
contention of the petitioner that maintenance pendente lite determined by
the court below is on higher side and liable to be reduced. I would hasten to
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add that amount of Rs. 25000/- may not suffice to provide for housing,
clothing in addition to food to the respondent and the minor child what to
talk of providing them with comforts and luxuries.
For the foregoing reasons, finding no merit, the petition fails
and is accordingly dismissed in limine. However, nothing stated
hereinbefore shall cause prejudice to either of the parties at the time of final
adjudication of the case.
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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