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Inderjit vs Mona Yadav on 6 May, 2019

CR No.4603 of 2018(OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CR No.4603 of 2018(OM)
Date of Decision: 06.05.2019

Inderjit ….Petitioner

Versus

Mona Yadav …..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Vikram Singh Yadav, Advocate
for the petitioner.

Mr. Vishal Thakur, Advocate for
Mr. Sudhir Rana, Advocate
for the respondent.

****

RAJ MOHAN SINGH, J.

[1]. Petitioner has assailed the order dated 09.05.2018

passed by Additional District Judge, Rewari allowing the

application under Section 24 of the Hindu Marriage Act thereby

granting ad interim maintenance to the respondent and to the

child @ Rs.20,000/- per month from the date of application and

Rs.20,000/- towards litigation expenses.

[2]. The marriage between the parties was solemnized on

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CR No.4603 of 2018(OM) 2

19.04.2013 according to Hindu rites and ceremonies. Out of the

wedlock, a daughter namely Bhavika took birth on 28.01.2014

who is living in the company of the respondent wife. There is a

matrimonial discord between the parties, resulting in filing of

petition under Section 13 of the Hindu Marriage Act by the

petitioner.

[3]. An application was filed by the respondent under

Section 24 of the Hindu Marriage Act. Husband petitioner is

serving as Assistant Professor in the Department of Bio-

informatics, Punjab Agricultural University, Ludhiana and was

drawing gross salary of Rs.52,886/- per month in October 2016.

Respondent wife is also serving as Assistant Master (Maths) in

Sainik School, Rewari. Her salary w.e.f. April 2018 is

approximately Rs.40,000/- per month.

[4]. Learned counsel for the petitioner submitted that the

petitioner has cleared arrears of maintenance till the month of

March 2019. However, this fact could not be verified by learned

counsel for the respondent as the respondent has not attended

the Court despite orders dated 20.08.2018, 14.11.2018 and

12.03.2019.

[5]. It will remain debatable issue whether gross salary of

the petitioner has also increased after implementation of 7th Pay

Commission or not and the financial status as on date.

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CR No.4603 of 2018(OM) 3

[6]. Evidently, both the parties are serving. Respondent wife

is entitled to live as per status of her husband. Grant of

maintenance pendente lite is not aimed to enrich any of the

spouse, rather the same is made to prevent destitution and

vagrancies. Daughter aged about 5 years is living in the

company of the respondent. It is the moral obligation of the

petitioner to maintain his wife and child. Wife is earning

approximately Rs.40,000/- per month, sufficiency of income to

maintain herself and the minor would be debatable as they are

also entitled to live as per status of husband/petitioner.

Maintenance of the child requires day to day expenditure

towards health, education and overall personality of the child.

Custody issue of the child including maintenance is a dynamic

process and it keeps on changing with the passage of time.

Increase in the age of the child would require increase in

expenses as well. There cannot be any mathematical formula to

assess contingent expenses for the welfare and upliftment of

the minor prospects in terms of health, education and overall

development.

[7]. Even if, it is found that respondent is a working woman

and drawing salary of Rs.40,000/- per month approximately, the

maintenance of Rs.20,000/- can be fixed for both for health,

education and overall development of the child keeping in view

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CR No.4603 of 2018(OM) 4

the future prospects of the child and likely expenses to be

incurred for living by the wife according to status of husband.

[8]. In view of aforesaid, this revision petition is disposed of.

06.05.2019 (RAJ MOHAN SINGH)
Prince JUDGE

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

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