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Geetu vs Subhash Chander on 26 October, 2018

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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CR Nos.4387 and 3175 of 2018(OM) 2

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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CR Nos.4387 and 3175 of 2018(OM) 3

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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CR Nos.4387 and 3175 of 2018(OM) 5

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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