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.
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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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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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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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