CR-1041-2018 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision : 16.02.2018
Kusum and another
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)
Whether speaking/reasoned Yes/ No
Whether Reportable Yes/ No
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