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Birbal Sing @ Babli vs Harjinder Kaur @ Rano And Ors on 16 May, 2018

CR No.7071 of 2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
143
CR No.7071 of 2017
Date of decision: 16.05.2018

Birbal Singh @ Babli …… Petitioner

Versus

Harjinder Kaur @ Rano and another …… Respondents

CORAM: HON’BLE MR. JUSTICE ANIL KSHETARPAL

Present:- Mr. S.D. Sharma, Sr. Advocate with
Mr. Anupam Sharma, Advocate
for the petitioner.

Mr. Aminder Singh, Advocate
for respondent No.1.

*****

ANIL KSHETARPAL, J. (ORAL)

Husband-petitioner is in the revision petition against the order

passed by the learned trial Court fixing maintenance pendente lite @

Rs.10,000/- per month.

Learned Court has noticed that the wife has alleged that the

husband is owner of 22 acres of land, however, the husband has not

produced any record to prove that he is either not owner of land or he is

owner of lesser than what has been alleged.

Learned counsel for the petitioner asserts that the order has

been passed only on the basis of presumption which is not permissible in

law. He further submits that the Court should have asked for a report from

the Revenue Authority.

This Court has considered the submissions, however, do not

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CR No.7071 of 2017 -2-

find any substance in it. While deciding the application under Section 24 of

the Hindu Marriage Act, it is the duty of the parties to produce the

documents in support of their case. In the present case, the wife had

specifically asserted that the husband is owner of 22 acres of land. Since

the husband-petitioner did not produce any document to controvert that

assertion, the Court has correctly drawn the adverse inference and passed

the order.

In view thereof, this Court does not find any good ground to

interfere with the order passed by the learned trial Court.

Revision petition is dismissed.

( ANIL KSHETARPAL )
16.05.2018 JUDGE
Dinesh Bansal

Whether speaking/reasoned Yes / No

Whether Reportable Yes / No

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