IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
248
CMM No.166 of 2017 and
FAO No.M-250 of 2017
Ravinder Kaur
Vs.
Charanjit Pal Singh and another
Present: Ms. Monika Dudani Mehtab, Advocate
for the applicant-appellant.
Mr. Kanwaljit Singh, Senior Advocate
with Mr. Abhishek Bajaj, Advocate
for the respondent.
A sum of `25,000/- has been paid in the shape of bank draft to
applicant-appellant, Ravinder Kaur present in the Court.
Counsel for both the parties admitted that the expenses for the
education of the children have been deposited in the school by the
respondent-husband as per the statement of his counsel given in Court on
30.10.2017.
Reply to the application under Section 24 of the
Hindu Marriage Act has been filed.
This application has been filed by the applicant-wife in an
appeal which has been preferred by her challenging the decree of divorce
passed by the Additional District Judge, Chandigarh, on 19.08.2017,
in favour of the respondent-husband, seeking maintenance pendente lite and
litigation expenses for herself and her two minor children.
Marriage between the appellant and the respondent took place
on 17.10.2004. She is not even a graduate and never been employed and is,
therefore, fully dependent financially upon the respondent-husband. Out of
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CMM No.166 of 2017 and 2
FAO No.M-250 of 2017
the marriage, two children were born namely Kanwarjit Singh aged around
12 years and a daughter namely Manroop Kaur aged around 9 years.
Both are studying in class 6th and 4th respectively in Saupin’s School,
Chandigarh under the care and custody of the appellant-wife.
Respondent-husband, apart from being an able-bodies person, has multiple
sources of income and is working along with his father in a flourishing
automobile business by the name and style of Walia Auto Store, Sector-28,
Chandigarh. He is the only son of his parents and thus the owner of the
business. He has agricultural land and other sources of income and
frequently visits abroad to various exotic locations and is also maintaining
highest variant Innova car apart from having other luxuries at his disposal.
An application under Section 24 of the Hindu Marriage Act preferred by the
appellant during the trial was allowed, however, the maintenance as granted
was challenged by the appellant-wife being inadequate, in this Court by
filing CR No.4975 of 2014 which was decided by this Court on 28.05.2015
enhancing it to a sum of `40,000/- per month with the breakup of `20,000/-
to the appellant and `10,000/- each to the minor children. The said amount
has been enhanced by the trial Court vide order dated 19.08.2017 to
`50,000/-. Assertion has been made that the respondent-husband, after the
decision of the case by the trial Court, has been shirking away from his
financial responsibilities towards the appellant and her children because of
which she is not in a position to meet the day to day expenses including the
educational expenses of the children. Prayer has been made for grant of
maintenance pendente lite of `40,000/- per month for herself and an amount
of `30,000/- per minor child with effect from 19.08.2017.
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FAO No.M-250 of 2017
Reply to the application has been filed, wherein the husband
has not disputed the fact about the marriage, children and that he owns
agricultural land measuring 11.5 acres in village Majari Nangal,
District Ropar and has further disclosed that he owns half share out of 5
biswas of land in village Attawa, Chandigarh. He has placed reliance upon
the income tax returns for the last four years to assert that his total income
for the assessment year 2017-18 is `6,88,720/- from all sources.
Assertion has also been made that the appellant is residing forcibly in an
annex of the one kanal house of his parents. The electricity and the water
charges are being borne by them. He has categorically stated and committed
to look after the welfare of the children and to pay the school fee.
Assertion has been made that he is residing separately in a rented
accommodation, rent of which now is `13,500/-. As regards his income
from the work which he is performing with his father, it is stated that he is
employed with his father and is drawing salary. His father is running a
proprietorship and has dealership of Goodyear India Limited. It is in this
context he being an employee of the company that he is going abroad and
that too at the cost of the company only which incentives are given to its
dealers. It has further been asserted that the respondent has deposited the
school fee upto December, 2017. The factum that Civil Revision
No.4975 of 2014 was preferred by the appellant, wherein an amount of
`40,000/- was fixed as maintenance pendente lite for her and for the
children, has been admitted. Prayer has been made in the light of the above
that no maintenance pendente lite in the facts and circumstances of the case
requires to be granted to the appellant.
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CMM No.166 of 2017 and 4
FAO No.M-250 of 2017
We have considered the submissions made by the counsel for
the parties and have also gone through the pleadings.
The relevant part of the order dated 28.05.2015 passed in
Civil Revision No.4975 of 2014 with regard to fixation of the maintenance
pendente lite reads as follows:-
“After hearing learned counsel for the parties and
keeping in view the totality of the facts and circumstances
emerging from the available record, I am of the considered
opinion that the status of the respondent is not that which is
tried to be projected by him because it cannot be believed
that he is working in the firm of his father on a meager salary
of `12,000/- per month and has been sent by the firm of his
father to the foreign trips as an employee, even on the
promotional offer given by the tyre companies. Moreover,
admittedly, he is having 11.5 acres of land in village Majari,
Tehsil Nangal, District Ropar and 5 biswas of land at village
Attawa, UT, Chandigarh. He is also maintaining 3 accounts
in the bank in which as on 15.09.2014, he was having a total
sum of `10,17,014/- in cash.
Thus, in view of these facts and circumstances, the
present revision petition is hereby allowed and the impugned
order passed by the trial Court is modified, holding that the
petitioner is entitled to a sum of `20,000/- per month as
maintenance pendente lite for herself and `10,000/-
per month each for both the minor children, from the date of
application”.
The factum of marriage and the two children and they studying
in school is not disputed. It is not in dispute that the wife is not working
anywhere and has no independent source of income. The grounds which
have been taken by the respondent in the present application, as has been
recorded above, stand duly considered by this Court in Civil Revision
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FAO No.M-250 of 2017
No.4975 of 2014. There is no change in circumstances as such. As a matter
of fact, since the year 2014 onwards, the income would have gone up of the
appellant as it is not asserted by him that his income has gone down.
In view of the above, the present application is allowed.
The applicant-appellant is held entitled to a sum of `20,000/-
per month as maintenance pendente lite for herself and `10,000/- each for
the two children from the date of the application.
The maintenance pendente lite amount has been kept intact for
the reason that it has categorically been stated by the respondent-husband in
his reply to this application that he commits himself to look after the welfare
of the children and bear the educational expenses. The respondent thus apart
from the above would be liable to pay the school fee, transportation charges,
uniform expenses etc. relatable to the education of the children apart from
whatever he on its own would prefer to do for the welfare of the children as
has been committed by him in the reply (preliminary submissions).
The applicant-appellant is also held entitled to litigation expenses of
`55,000/- out of which `25,000/- already paid, will be deductible.
For payment of arrears of maintenance and litigation expenses,
now to come up on 07.03.2018, the date already fixed.
(M.M.S. BEDI) (AUGUSTINE GEORGE MASIH)
JUDGE JUDGE
December 4th, 2017
Puneet
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