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Gulshan vs Reetu on 28 November, 2019

FAO-7003-2019 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

FAO-7003-2019 (OM)
Date of decision : 28.11.2019

Gulshan
….Appellant

V/s
Reetu
….Respondent

CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
HON’BLE MR. JUSTICE KARAMJIT SINGH

Present: Mr. Munish Kumar Garg, Advocate with
Mr. Paras Sharma, Advocate for the appellant.

RAJAN GUPTA J. (ORAL)

Present appeal is directed against the order passed by trial court

granting interim maintenance to the respondent-wife under Sectionsection 24 of the Hindu

Marriage Act. Operative part of the order reads as under:-

“Under the peculiar circumstances of this case, this Court is
of the considered view that ends of justice would meet if the
respondent is directed to pay an amount of Rs. 5000/- per month to
the applicant/petitioner as maintenance pendente lite from the date
of filing of the application besides litigation expenses to the tune of
Rs. 11,000/-. With these observations, the application in hand
stands allowed.”

It has been vehemently contended by counsel for the appellant that

appellant is a street hawker and cannot pay the huge amount, if calculated from the

date of filing of the application.

Heard.

We dispose off the appeal with the direction that appellant shall pay

the interim maintenance from the date of order passed by the court below. As

regards the balance amount, appellant shall be at liberty to raise the plea at the
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FAO-7003-2019 (OM) 2

stage of final arguments before the court below. The trial court shall also endeavor

to expedite the proceedings and conclude the same preferably within a period of

five months.

While passing the order, we are conscious of the fact that we have

not issued notice to the respondent. However, as the question of payment of arrears

of maintenance from the date of application has been left open and to be decided at

the final stage, we feel no necessity to do so.

(RAJAN GUPTA)
JUDGE

(KARAMJIT SINGH)
JUDGE

November 28, 2019
Ajay

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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