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Civil Revision No.3886 of 2017
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.3886 of 2017
Date of decision: 30.01.2018
Hardip Singh
…….Petitioner
versus
Prabhsharan Kaur
……Respondent
CORAM: HON’BLE MR. JUSTICE RAMENDRA JAIN
Present: – Mr. Lalit Singla, Advocate, for the petitioner.
RAMENDRA JAIN, J. (ORAL)
Challenge in the instant petition under Article 227 of the
Constitution of India has been laid to orders dated 15.03.2017 and
10.05.2017 of the learned Additional District Judge, Amritsar, awarding `
5,000/- per month towards maintenance to the respondent-wife from the
date of her application under Section 24 of the Hindu Marriage Act (in short
the Act’), besides litigation expenses of ` 5,000/- and dismissing petitioner’s
review application.
In nutshell, in a divorce petition filed by the respondent-wife
against petitioner-husband, she moved an application under Section 24 of
the Act for grant of maintenance to the tune of ` 50,000/- per month,
besides litigation expenses of ` 11,000/- claiming that her husband was a
settled businessman having partnership in two firms at New Delhi, besides
other businesses.
The said application was accepted by learned Additional
District Judge, Amritsar vide order dated 15.03.2017 granting aforesaid
maintenance pendente lite and litigation expenses to the respondent.
Aggrieved against the order
1 of 2 dated 15.03.2017, petitioner filed
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Civil Revision No.3886 of 2017
review application, which too was dismissed vide order dated 10.05.2017.
Learned counsel for the petitioner contends that the respondent-
wife being a highly qualified lady is earning a handsome salary, which she
concealed from the trial Court to get the maintenance pendente lite and
litigation expenses in an illegal manner. The trial Court ought not to have
granted any maintenance to the respondent-wife without affording an
opportunity to the petitioner for leading evidence qua income of the
respondent.
Having given considerable thought to the submissions made by
learned counsel for the petitioner, both the impugned orders are modified to
the effect that learned Additional District Judge, Amritsar, shall reimburse
the maintenance pendente lite and litigation expenses to the respondent-wife
against her personal bonds and surety bond that, in case, the same is ever
reduced, altered or set aside, the respondent would deposit the entire amount
taken by her with the Court within two months.
This petition is disposed of without issuing notice to the
respondent with a view to impart justice to the parties and to save the huge
expenses which may be incurred by the respondent and also to avoid
unnecessary delay in the adjudication of the matter. Still, if dissatisfied, the
respondent may move this Court for recalling this order within six weeks
from today.
(Ramendra Jain)
Judge
January 30, 2018
R.S.
Whether speaking/reasoned Yes/No
Whether reportable Yes/No.
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