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Ram Naresh vs Seema on 29 May, 2019

C.R. No.3622 of 2019 -1-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

C.R. No.3622 of 2019
Date of Decision.29.05.2019

Ram Naresh …Petitioner

Vs

Seema ..Respondent

CORAM:HON’BLE MR. JUSTICE AMIT RAWAL

Present:Mr. Jitender S. Chahal, Advocate
for the petitioner.

-.-

AMIT RAWAL J. (ORAL)

The present revision petition is directed against the

impugned order whereby in divorce petition filed by the petitioner

against the wife, an application under Section 24 of the Hindu

Marriage for maintenance pendente lite @`10,000/- has been

awarded.

Mr. Chahal, learned counsel appearing on behalf of the

petitioner submitted that the marriage between the parties was

solemnized on 3.1.2016. Owing to differences between husband and

wife, the divorce petition was filed. The Family Court vide order

dated 03.4.2019 allowed the application under Section 24 of the

Hindu Marriage Act which was sought to be reviewed, as the

petitioner is working in the Indian Oil Corporation on a salary of

`31,500/- per month whereas the respondent wife is running a beauty

parlour and earning `60,000/- per month. The finding of the Court

below with regard to lodging and boarding expenses while taking into

consideration her residence at Ambala is incorrect as she is resident

of Kurukshetra. Ambala is her parental house, thus, amount of

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C.R. No.3622 of 2019 -2-

maintenance pendente lite is on higher side.

I am afraid aforementioned argument would not be

sustainable, as no such evidence, prima facie, placed on record to

establish income of the wife . The maintenance pendente lite granted

to the wife @`10,000/- is most reasonable and in proportion to the

income of the husband. However, the amount assessed through the

impugned order cannot be said to be final, as it can always be

modified during the course of proceeding, in case evidence is placed

on record regarding income of the wife.

In view of aforementioned observation, while upholding

the order under challenge, the revision petition stands disposed of.

(AMIT RAWAL)
JUDGE
May 29, 2019
Pankaj*
Whether speaking/reasoned Yes

Whether reportable No

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