C.R. No.5691 of 2018 (OM) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
C.R. No.5691 of 2018 (OM)
Date of Decision.26.03.2019
Ashish Shukla …Petitioner
Vs
Sonia .Respondent
CORAM:HON’BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Vaibhav Sehgal, Advocate
for the petitioner.
Mr. Amit Dhawan, Advocate
for the respondent.
-.-
AMIT RAWAL J. (ORAL)
C.M. No.4271-CII of 2019
Application is allowed.
Photocopy of statement of account of petitioner from
27.09.2018 to 15.02.2019 is taken on record as Annexure A-2.
C.M. No.4272-CII of 2019
Application is allowed.
Photocopy of statement of respondent dated 15.10.2018
is taken on record as Annexure A-1.
C.R. No.5691 of 2018
In pursuance of order dated 14.03.2019, both the parties
are present in the Court.
Mediation proceedings were initiated by this Court but
husband is not willing to keep the wife and wants to part ways. A
proposal for permanent alimony was also put forth but wife did not
agree.
The present revision petition is directed against the
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C.R. No.5691 of 2018 (OM) -2-
impugned order dated 10.08.2018 (Annexure P-1) whereby in divorce
petition filed by the petitioner in respect of marriage solemnized on
24.06.2012, maintenance pendente lite @`10,000/- per month has
been granted along with litigation expenses of `5500/-.
Mr. Vaibhav Sehgal, learned counsel appearing on behalf
of the petitioner submitted that after marriage, petitioner has
upgraded himself by seeking higher qualification. He is Masters in
Computer Application. Before June, 2016, he was drawing a salary
of `29,000/- per month but as per the termination orders dated
30.06.2016, 30.06.2017 and statement of account (Annexure A-2)
enclosed with C.M. No.4271-CII of 2019, his income at present is
`13,200/- per month.
Divorce petition was filed on 16.08.2017. Parents of
both parties are labourers in a dry port and collect wooden box.
Keeping in view the standard of family, the maintenance
aforementioned is on higher side.
Mr. Amit Dhawan, learned counsel appearing on behalf
of the respondent submitted that keeping in view the education
qualification of the petitioner, it cannot be believed that petitioner is
drawing a salary of `13,200/- per month. It is an intentional act of
reduction in the salary owing to pre-conceived notion as divorce
petition was filed two months after the last termination order, thus,
urges this Court for dismissal of the revision petition.
I have heard learned counsel for the parties and
appraised the paper book. Though authenticity and veracity of the
documents cannot be looked into as they have been filed by way of
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application accompanied with affidavits, in essence, have not been
proved in accordance with law. Be that as it may, education
qualification of the petitioner is not in dispute and the previous salary
of `29,000/-. Keeping in view the present status of the parties,
particularly, when the wife and husband are living separately, present
salary certificate of `13,200/- per month cannot be treated as sermon
to reduce the amount of maintenance pendente lite considerably.
Keeping in view the present scenario, I deem it appropriate to modify
the order of maintenance from `10,000/- to `8,000/-. The stay
granted by this Court is vacated. Petitioner is directed to pay arrears
of maintenance within a period of one month from the date of receipt
of certified copy of the order, failing which the respondent would
have right to seek arrears in accordance with law.
The impugned order is modified to the above extent and
the revision petition stands disposed of in above terms.
(AMIT RAWAL)
JUDGE
March 26, 2019
Pankaj*
Whether Reasoned/Speaking Yes
Whether Reportable No
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