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.
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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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