IN THE HIGH COURT OF PUNJAB HARYANA AT
Civil Revision No.3207 of 2017
Date of decision: May 15, 2017
Rajinder Kumar …Respondent
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. J.C. Malik, Advocate for the petitioner.
Rajan Gupta, J.
Present revision petition is directed against the order dated
21.11.2016, passed by Additional District Judge, Panipat, whereby
application under section 24 of the Hindu Marriage Act filed by
petitioner has been dismissed.
Learned counsel for the petitioner has assailed the order.
According to him, the court below has erroneously dismissed the
application. The respondent-husband is having monthly income of
Rs.50,000/-, thus, petitioner requires reasonable amount of maintenance.
I have heard learned counsel for the petitioner and given
careful thought to the facts of the case.
It appears that respondent-husband filed a petition under
Section 13 (i-a) (iii) of the Hindu Marriage Act for divorce against the
petitioner. During pendency of the petition, petitioner wife filed
application under section 24 of the Act for maintenance pendente lite.
Respondent wife claimed that petitioner was earning handsomely. After
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considering rival contentions of the parties, trial court dismissed the
application, observing that petitioner had sufficient income to maintain
herself and thus, she is not entitled to any maintenance pendente lite. I
find no infirmity with the order passed. A perusal of the impugned order
shows that petitioner wife had already received Rs.5.00 lacs as permanent
alimony from her previous husband while getting divorce. She also sold
a shop at Panipat and has kept the said amount in her fixed deposit.
Thus, the court below has rightly dismissed the application filed by the
petitioner. The order under revision suffers from no infirmity. Revision
petition is, thus, dismissed.
May 15, 2017
Whether speaking / reasoned Yes / No
Whether Reportable: Yes / No
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