CR-2532-2019 (OM) 1

122
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CR-2532-2019 (OM)
Date of decision : 12.04.2019

Gurjant Singh
… Petitioner
Versus
Hardeep Kaur
… Respondent

CORAM: HON’BLE MR. JUSTICE AMIT RAWAL

Present: Ms. Sukhpreet Kaur Grewal, Advocate
for the petitioner.

****

AMIT RAWAL, J. (ORAL)

The present revision petition is directed against the impugned

order dated 11.02.2019 (Annexure P-7), whereby in a divorce petition filed

by the respondent-wife, an application for maintenance pendente lite, by

awarding maintenance of `12,000/-, has been allowed.

Learned counsel for the petitioner-husband submitted that the

respondent-wife had already left the matrimonial home of the petitioner and

living with some other man. In this regard, draws the attention of this Court

to the photographs (Annexure P-4). The amount of maintenance pendente

lite to the tune of `12,000/- is on higher side as the petitioner-husband is

working as Constable in the Punjab Police. The respondent-wife is in

adultery, therefore, not entitled to single penny as maintenance.

I am afraid the aforementioned argument is not sustainable in

the eyes of law as the alleged factum of adultery is yet to be proved on

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CR-2532-2019 (OM) 2

record particularly when the divorce petition has been filed by the

wife/respondent. The assessment of the maintenance pendente lite,

aforementioned is on the basis of the salary of the petitioner and it cannot be

said to be on the higher side as the litigation expenses is confined to

`8,000/-.

Keeping in view the aforementioned facts, the impugned order,

under challenge, cannot be said to be suffering from illegality and infirmity.

No ground is made out for interference. Resultantly, the present revision

petition is dismissed.

( AMIT RAWAL )
12.04.2019 JUDGE
Yogesh Sharma

Whether speaking/reasoned Yes/ No

Whether Reportable Yes/ No

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