CR No.3925 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Civil Revision No.3925 of 2018
Date of Decision: 18.08.2018
CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Vivek Khatri, Advocate
for the petitioner.
Mr. S.S. Walia, Advocate
for the respondent.
RAJ MOHAN SINGH, J.
. 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.
. 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.
. 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.
. 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.
. 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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education of the minor. Paternity of the child is not in dispute.
. 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
. 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.
. 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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