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Makhan Singh vs Manjit Kaur on 14 October, 2019

CR No.4625 of 2019(OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CR No.4625 of 2019(OM)
Date of Decision: 14.10.2019

Makhan Singh …..Petitioner

Versus

Manjit Kaur …..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Jasvir Singh Dhaliwal, Advocate
for the petitioner.

Mr. Rishu Garg, Advocate
for the respondent.

****

RAJ MOHAN SINGH, J.

[1]. Vide order dated 25.07.2019, notice of motion was

issued subject to deposit of an amount of Rs.15,000/- by the

petitioner in the registry of this Court payable to the respondent

as litigation expenses on her appearance. Both the parties were

also directed to appear in this Court today.

[2]. In pursuance of aforesaid order, both the parties have

appeared in person. Interaction with the parties did not yield any

positive result.

[3]. I have heard learned counsel for the parties.

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CR No.4625 of 2019(OM) 2

[4]. Petition under Section 13 of the Hindu Marriage Act has

been filed by the petitioner for dissolution of marriage by way of

decree of divorce on the ground of cruelty and desertion.

[5]. During pendency of the aforesaid petition, respondent

wife filed an application under Section 24 of the Hindu Marriage

Act for grant of maintenance pendente lite and litigation

expenses. Respondent has knee problem. According to the

case set up by her in the application under Section 24 of the

Hindu Marriage, her parents have spent huge amount on her

treatment as the petitioner husband has refused to pay the

expenses towards her treatment. Respondent does not own any

moveable or immoveable property and has no source of income

from any other evocation. She stated that the husband belongs

to well off family having 88 kanals of land, house, car and

tractor. Petitioner is involved in an agricultural pursuit and dairy

farming with his father. The total income of the husband and his

family members has been claimed to be Rs.1,00,000/- per

month. She claimed maintenance pendente lite to the tune of

Rs.30,000/- per month, besides claiming litigation expenses to

the tune of Rs.15,000/-.

[6]. The marriage was solemnized on 07.02.2008. Out of

the wedlock, female child namely Harmanjot Kaur took birth on

11.12.2010. The child is in the company of the petitioner.

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CR No.4625 of 2019(OM) 3

Respondent pleaded that she has been neglected by the

petitioner without any reasonable cause. She showed her

willingness to join the matrimonial house, but the petitioner

husband has refused to take her back in the matrimonial house.

Maintenance pendente lite is payable to the wife only to prevent

vagrancies and destitution. At the same time, the amount should

not be such so as to impede the very prospects of re-

conciliation between the parties and result in profitable

mechanism for the wife.

[7]. District Judge, Mansa has fixed an amount of

Rs.10,000/- per month as maintenance pendente lite to the wife

and an amount of Rs.3000/- as litigation expenses.

[8]. In my considered opinion, the aforesaid amount is not

on the higher side warranting interference. In these days of

soaring prices, the respondent cannot maintain herself as well

as bear recurring expenses towards her treatment in the sum of

Rs.10,000/- per month.

[9]. At this stage of litigation, some guess work has to be

done. It is equally true that the respondent wife is also entitled to

live as per status of her husband. The income of the husband

and his family may have been quoted slightly on higher side, but

it does not mean that the husband can neglect his wife by not

paying, even bare minimum subsistence allowance and medical

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CR No.4625 of 2019(OM) 4

expenses which are being incurred by the respondent on

recurring basis.

[10]. Looking from any angle, there is no ground to interfere

in this revision petition. This revision petition is accordingly

dismissed.

14.10.2019 (RAJ MOHAN SINGH)
Prince JUDGE

Whether reasoned/speaking Yes/No

Whether reportable Yes/No

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