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Ashish Shukla vs Sonia on 26 March, 2019

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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C.R. No.5691 of 2018 (OM) -3-

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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