In the High Court of Punjab and Haryana at Chandigarh
……
Civil Revision No.8503 of 2016
…..
Date of decision:30.5.2018
Gaurav
…..Petitioner
v.
Kanchan and another
…..Respondents
….
Coram: Hon’ble Mr. Justice Inderjit Singh
…..
Present: Mr. Veneet Sharma, Advocate for the petitioner.
None for the respondents.
…..
Inderjit Singh, J.
This civil revision petition has been filed under Article 227 of
the Constitution of India for setting aside the impugned order dated
13.10.2016 (Annexure-P.4) passed by the learned Additional District Judge,
Amritsar, whereby application filed by applicant-Kanchan (wife) under
Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as
`HMA’) for grant of maintenance pendente lite as well as litigtion expenses
has been allowed.
Notice of motion was issued in this case.
Earlier Mr. Rishu Mahajan, Advocate has put in appearance on
behalf of the respondents, but after 1.5. 2017 no one has appeared for the
respondents.
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I have heard learned counsel for the petitioner and have gone
through the record.
From the record, I find that the present petitioner has filed a
petition under Section 13 of the HMA for dissolution of marriage by
granting decree of divorce on the ground of cruelty as well as adultery.
During the pendency of the petition, an application under Section 24 of the
HMA for grant of ad interim maintenance and litigation expenses had been
filed.
The learned Additional District Judge, Amritsar, vide impugned
order dated 13.10.2016 accepted the application and maintenance pendente
lite @ `7500/- per month was granted to the wife-applicant and further
`5,000/- has been granted as litigation expenses.
The marriage between Gaurav and Kanchan has been admitted.
The present petitioner is alleging that the wife is residing in adultery but
there is no document on record to show that she is residing with respondent
No.2 in adultery. This fact is yet to be proved by the petitioner by leading
evidence in the petition filed under Section 13 of the HMA.
The applicant-wife admitted in her application that she is doing
a petty job to take IELTS classes and to teach English speaking to students
and she get a very meager salary of `6,000/- per month from the said job.
Out of the amount of `6,000/- more than `3,000/- is required for
conveyance charges and she is hardly left with any amount and she is totally
dependent upon her parents for her maintenance.
The case of respondent-husband (petitioner herein) is that she is
earning `20,000/-, but there is no cogent documentary evidence on record to
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prove the version of the respondent-husband. It is admitted fact that minor
daughters are living with the present petitioner. Though the applicant-wife
alleged that the husband is earning `50 Lakhs from all sources and belongs
to a very influential family, but the income-tax return filed by him shows
that he is earning `3,66,794/- per annum i.e. about `33,000/- per month.
The learned Additional District Judge, Amritsar, has already
taken into consideration that the minor daughters are residing with the
present petitioner (husband) and they are studying in one of the best schools
of Amritsar. Keeping in view of these facts, the learned Additional District
Judge, Amritsar, granted a maintenance pendente lite of `7,500/- per month
and `5,000/- as litigtion expenses.
In no way, the amount granted by the learned Additional
District Judge, Amritsar, can be held as excessive nor, in any way, it can be
held that the applicant-wife (respondent herein) is not entitled to any
maintenance. While passing the impugned order, no illegality has been
committed by the Court below and the same is correct as per law and it does
not require any interference from this Court and is upheld.
Finding no merit in this civil revision petition, the same is
accordingly dismissed.
May 30, 2018. (Inderjit Singh)
Judge
*hsp*
NOTE: Whether speaking/reasoned: Yes
Whether reportable: No
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