IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.: 1198 of 2019.
.
Decided on: 11.03.2020
Nardev Singh ….Petitioner.
Versus
Smt. Meena Devi …Respondent.
Coram
The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the petitioner : M/s Sanjay Jaswal and Vandana
r Kumari, Advocates.
For the respondent : None.
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has
challenged the order passed by the Court of learned District
Judge, Chamba, in CMA No. 580 of 2018, filed under Section
24 of the Hindu Marriage Act by the present respondent in a
petition, i.e. HMA No. 122 of 2018, filed under Section 13 of
the Hindu Marriage Act by her against the petitioner vide
which she has approached the learned Court below for
dissolution of the marriage on the ground of cruelty.
2. Vide impugned order, learned Court below has
awarded a sum of 1500/- per month to the respondent
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herein as maintenance pendente lite from the date of filing of
the application till the adjudication of the petition under
.
Section 13 of the Hindu Marriage Act.
3. On the last date of hearing, this Court had
directed the petitioner to furnish details of his movable and
immovable property which order stands complied with by
him.
4. I have heard learned Counsel for the petitioner
and also gone through the impugned order.
5. In my considered view, grant of an amount of
1500/- per month as maintenance pendente-lite cannot be
termed as harsh, as has been pleaded by learned Counsel for
the petitioner. Award of expenses in addition, quantified at
4,000/- by the learned Court below, also in fact call for no
interference. It is not the case of the petitioner that the
respondent has some reasonable source of income nor it
could be held on the basis of the affidavit which has been
filed by the petitioner on the direction issued by this Court
that he is not in a position even to pay a sum of 500/- per
month as maintenance pendente-lite to the respondent.
6. This Court is of the view that taking into
consideration the peculiar facts of this case, wherein the
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amount which has been granted by the learned Court below
to the respondent-wife is only to the tune of 1500/- per
.
month, issuance of notice to the respondent shall in fact be a
harsh because respondent who is a destitute lady shall have
to defend the case at Shimla from her present place of
residence in District Chamba.
Accordingly, as this Court does not finds any
infirmity in the order which stands impugned by way of this
petition, the present petition being devoid of any merit is
dismissed. As prayed for by the learned Counsel for the
petitioner, it is observed that learned District Judge/Family
Court shall make an endeavour to decide the main petition
pending before it as expeditiously as possible. Pending
miscellaneous application(s), if any, also stand disposed of.
(Ajay Mohan Goel)
Judge
March 11, 2020
(narender)
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