SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Dushyant Bakshi vs Shweta on 20 December, 2017

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

Dushyant Bakshi

—Petitioner
versus

Shweta
—Respondent

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

1 of 3
24-12-2017 09:37:19 :::
CR No. 8505 of 2017 -2-

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

respondent-wife.

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

2 of 3
24-12-2017 09:37:20 :::
CR No. 8505 of 2017 -3-

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.

(Rekha Mittal)
Judge
20.12.2017
PARAMJIT

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

3 of 3
24-12-2017 09:37:20 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Group Rules, If You agree then JOIN HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh