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Judgments of Supreme Court of India and High Courts

Rajan Arora vs Kusum And Anr on 16 February, 2018

CR-1041-2018 (OM) 1

120
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CR-1041-2018 (OM)
Date of decision : 16.02.2018

Rajan Arora
… Petitioner(s)
Versus
Kusum and another
… Respondent(s)

CORAM: HON’BLE MR. JUSTICE AMIT RAWAL

Present: Mr. Vaibhav Narang, Advocate
for the petitioner.

****

AMIT RAWAL, J. (ORAL)

The petitioner-husband is aggrieved of the impugned order

dated 04.01.2018 (Annexure P-4), whereby in a divorce petition titled as

“Rajan Arora V/s Kusum”, an application under Section 24 of the Hindu

Marriage Act seeking grant of maintenance pendente lite and litigation

expenses, has been allowed and the maintenance @ `11,000/- (`7500 for

wife and `3500/- per month for minor child) has been awarded.

Mr. Vaibhav Narang, learned counsel appearing on behalf of

the petitioner-husband submits that concededly the income of the husband is

`35,000/- and he has to pay rent and therefore, maintenance @ `11,000/- is

on higher side, even a minor child has also been awarded maintenance of

`3500/- per month in the application, but there is no prayer under Section

24 of the Act and therefore, an application qua maintenance to the minor

child was not maintainable.

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CR-1041-2018 (OM) 2

I have heard the learned counsel for the petitioner and

appraised the paper book and of the view that there is no merit and force in

the submissions of Mr. Narang. The impugned order, under challenge

awarding the maintenance @ `11,000/- (`7,500/- to the wife and `3,500/- to

the minor child) is perfectly legal and justified and do not call for

interference as it is basically 1/3rd of the income of the petitioner-husband.

No ground is made out for interference and accordingly, the

present revision petition stands dismissed.

( AMIT RAWAL)
16.02.2018 JUDGE
Yogesh Sharma


Whether speaking/reasoned Yes/ No

Whether Reportable Yes/ No

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25-02-2018 14:38:28 :::

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