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Naresh vs Bindu on 18 August, 2018

CR No.3925 of 2018 1


Civil Revision No.3925 of 2018
Date of Decision: 18.08.2018




Present:Mr. Vivek Khatri, Advocate
for the petitioner.

Mr. S.S. Walia, Advocate
for the respondent.



[1]. Petitioner has preferred this revision petition against the

order dated 16.04.2018 passed by the District Judge, Hisar

whereby the application filed by the respondent under Section

24 of the Hindu Marriage Act was allowed, thereby fixing an

amount of Rs.15,000/- per month as maintenance pendente lite

from the date of filing of the application besides awarding an

amount of Rs.5500/- as litigation expenses.

[2]. In compliance of order dated 02.07.2018, a demand

draft No.491683 dated 10.08.2018 in a sum of Rs.15,000/- has

been handed over to the respondent, who is present along with

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CR No.3925 of 2018 2

her counsel towards litigation expenses of the present case.

Photostat copy of the demand draft has been taken on record.

[3]. Marriage between the parties was solemnized on

11.05.2011 and a son was born out of this wedlock on

03.02.2012, who is presently living with the respondent.

[4]. During course of arguments, it has been found that

father of the petitioner was serving in the office of Development

and Panchayat Department, Haryana and after his demise

mother of petitioner has been appointed as per policy of the

State and she is drawing last pay drawn by her husband i.e.

Rs.42,080/- as salary under the Ex-Gratia Scheme of the State

of Haryana. After the demise of father of the petitioner, land

measuring 88 Kanals has been mutated in the name of Shanti

Devi and the petitioner being widow and son of deceased Bir

Singh in equal shares. Out of total 88 Kanals 0 Marla, 84 Kanals

of land is shown to be mazrua (cultivable), whereas 4 kanals of

land is shown to the gair mazrua (uncultivable). The mutation

has been given effect in the revenue record.

[5]. Evidently, no evidence could be brought on record to

prove that respondent was employed in any Department and

was earning. Award of Rs.15,000/- per month for the

respondent and minor son cannot be termed to be on higher

side keeping in view the cost of living and expenses towards

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CR No.3925 of 2018 3

education of the minor. Paternity of the child is not in dispute.

[6]. Petitioner has already resorted to petition under Section

13 of the Hindu Marriage Act. The award of maintenance of

Rs.15,000/- per month in the proceedings under Section 125

Cr.P.C., has already been challenged by the petitioner in

revisional jurisdiction.

[7]. At this stage, this Court would not like to interfere in the

award of maintenance of Rs.15,000/- per month granted in

favour of the respondent, who is maintaining the minor son aged

about 7 years also. Petitioner has means to pay the aforesaid

amount being the only son of his parents and in view of

inheritance of land/property. Petitioner has no responsibility

towards maintenance of his mother as the mother is getting an

amount of Rs.42,080/- per month under Ex-Gratia Scheme after

the death of father of the petitioner in service.

[8]. For the reasons recorded above, no infirmity is found in

the impugned order dated 16.04.2018 passed by the District

Judge, Hisar. This revision petition is accordingly dismissed.

August 18, 2018 (RAJ MOHAN SINGH)
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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