CR Nos.4387 and 3175 of 2018(OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision: 26.10.2018
1. CR No.4387 of 2018(OM)
Geetu ……Petitioner
Versus
Subhash Chander …..Respondent
2. CR No.3175 of 2018(OM)
Subhash Chander ……Petitioner
Versus
Geetu …..Respondent
CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Vijay Lath, Advocate
for the petitioner in CR No.4387 of 2018 and
for the respondent in CR No.3175 of 2018.
Mr. Binat Sharma, Advocate
for the petitioner in CR No.3175 of 2018 and
for the respondent in CR No.4387 of 2018.
****
RAJ MOHAN SINGH, J.
[1]. Vide this common order, CR No.4387 of 2018 titled
Geetu Vs. Subhash Chander and CR No.3175 of 2018 titled
Subhash Chander Vs. Geetu are being disposed of. Since both
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the revision petitions have arisen out of the same order,
therefore, common facts are being noticed.
[2]. Both the revision petitions have been preferred against
the order dated 19.03.2018 passed by Additional District Judge,
Rupnagar.
[3]. Subhash Chander husband of Geetu filed a petition
under Section 13 of the Hindu Marriage Act for dissolution of
marriage of the parties by way of decree of divorce. An
application under Section 24 of the Hindu Marriage Act was filed
by the wife (Geetu) for grant of maintenance pendente lite on
behalf of herself as well as on behalf of minor son, besides
litigation expenses. Wife claimed that husband is a man of
sources who is serving as a Lecturer in Global College of
Engineering and Technology at Khanpur Khuhi against a salary
structure of Rs.50,000/- per month. He also used to work in
agriculture sector and his income is Rs.1 lac per month from the
said profession. On the other hand, wife has no moveable and
immoveable property and has no source of income to maintain
herself as well as minor son. She claimed maintenance
pendente lite to the tune of Rs.15,000/- per month for herself
and Rs.10,000/- per month to the minor son besides litigation
expenses to the tune of Rs.30,000/-. Wife also submitted that
the husband is a qualified person having qualification of M.Sc.
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Physics. The minor son is living with her.
[4]. The claim of the wife was contested by the husband on
the ground that the wife is having sufficient source of income as
she being M.A Hindi and B.Ed is doing job in SGTB Khalsa
College, Anandpur Sahib, District Rupnagar in a salary structure
of Rs.20,000/- per month. Besides the aforesaid earning, she
also used to earn from tuition work. Husband further stated that
he has already left the job about 2 years back and is now doing
nothing. He has denied his income as claimed by the wife.
[5]. Additional District Judge, Rupnagar held that in the
absence of any material in respect of ascertaining income of
both the parties, no firm finding can be recorded. However,
husband is an able bodied person and therefore, he cannot
escape from his liability for maintaining his wife. The factum of
marriage is admitted between the parties. The minor son is in
the custody of mother. Minor son is about 10 years of age and is
studying in school. Additional District Judge, Rupnagar while
passing the impugned order granted an amount of Rs.5000/-
per month as pendente lite to the wife from the date of
application. An amount of Rs.10,000/- was fixed towards
litigation expenses. Against the impugned order dated
19.03.2018 passed by Additional District Judge, Rupnagar both
the parties have come in revision petitions.
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[6]. Learned counsel for the wife submitted that only an
amount of Rs.14,000/- has been paid by the husband towards
arrears of maintenance till date and he preferred to go in civil
imprisonment of three months instead of paying arrears of
maintenance. An amount of Rs.5000/- per month is nothing, but
a meager amount so as to meet the day to day requirement of
wife as well as minor son. Nothing has been awarded towards
maintenance of the minor son.
[7]. On the other hand, learned counsel for the husband
stated that due to constant bickering and quarrelsome nature of
the wife, husband was made to leave the job and now he is
sitting idle without any job to work and there is no source of
income for paying any maintenance to the wife and the minor
son.
[8]. During course of arguments, it has come to fore that
husband is having qualification of M.Sc. Physics. Wife is having
qualification of M.A Hindi and B.Ed. Admittedly, husband was
working as Lecturer in Global College of Engineering and
Technology at Khanpur Khuhi in a salary structure of
Rs.50,000/- per month. The husband is under legal obligation to
maintain his wife as well as minor son. The qualification
possessed by the wife has not been denied, though she has
denied regarding her earnings as claimed by the husband. In
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the proceedings under Section 125 Cr.P.C, an amount of
Rs.3000/- per month was awarded as maintenance to both the
wife and minor son in the ratio of Rs.2000/- and Rs.1000/- per
month. There is an accumulation of arrears of maintenance
towards husband for which he had to remain in civil
imprisonment as well.
[9]. At this stage, in the absence of any evidence on record,
earning capacity of the husband and the wife cannot be
exclusively commented upon, however in fixation of
maintenance on the basis of need of the wife and the minor son,
it can be appreciated that the award of Rs.5000/- per month
towards maintenance of the wife is not sufficient to meet
additional requirement of the minor son.
[10]. Keeping in view the facts and circumstances of the
case, I deem it appropriate to enhance the amount of
maintenance of the wife from Rs.5000/- per month to Rs.7000/-
per month and additionally, award an amount of Rs.3000/- per
month to the minor son. In all, an amount of Rs.10,000/- per
month will be payable by the husband towards maintenance of
his wife as well as the minor son. The award of maintenance to
the tune of Rs.3000/- as awarded under Section 125 Cr.P.C
would be adjustable while computing the total payable amount
of compensation by the husband to his wife and minor son.
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[11]. With these modifications, both the revision petitions are
disposed of.
October 26, 2018 (RAJ MOHAN SINGH)
Prince JUDGE
Whether reasoned/speaking Yes/No
Whether reportable Yes/No
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