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Nardev Singh vs Smt. Meena Devi on 11 March, 2020

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

13/03/2020 20:23:02 :::HCHP
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

13/03/2020 20:23:02 :::HCHP
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)

13/03/2020 20:23:02 :::HCHP

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