IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Civil Revision No. 136 of 2018.
Date of Decision: 22nd May, 2019
.
Ravinder Singh …..Petitioner.
Versus
Ravinder Kaur @ Narender Kaur …Respondent.
Coram
The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?
For the Petitioner: Mr. Dalip K. Sharma, Advocate.
For Respondent : Mr. Hardeep Verma, Advocate.
Sureshwar Thakur, Judge.
The petitioner is aggrieved by the verdict
pronounced by learned District and Sessions Judge, Shimla,
H.P., in CMP No. 186-S/6 of 2016, preferred under Sectionsection 24 of
the Hindu Marriage Act, 1955, wherethrough, the, respondent
had strived, for, determination, of, per mensem, maintenance
pendent-lite.
2. The learned District Judge, Shimla, while making the
impugned order, relied upon the testimony rendered by the
AW-2, Smt Ravinder Kaur, wherein she testified qua the salary
of the petitioner herein, for, the months’ of December,
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comprised in a sum of Rs. 1,00,442/- per mensem, and, his,
carry home salary, is, disclosed to be comprised in a sum of Rs.
79,908/-. Further, a reading of Para 24 of the impugned verdict,
.
(a) also makes a disclosure qua, the petitioner, being liable to
look after his minor daughters, hence, studying in senior
classes, and, (b) apart therefrom, his being encumbered with a
liability to look, after, his aged ailing mother. It is also evident,
from a reading of paragraph 26 of the impugned verdict, qua,
the tuition fee, of his children, being reimbursed, to him, by the
Railway Authorities. A further reading of paragraph 26, of the
impugned verdict also makes a disclosure, qua the petitioner,
admitting the fact of his mother, getting pension.
Consequently, in view of above, the learned District Judge, in
the afore petition, proceeded to determine a sum of
Rs.20,000/- per mensem maintenance pendent-lite, to his wife,
the respondent herein.
3. However, through the instant petition, the afore
verdict is challenged by the petitioner, and, the afore, challenge
is constituted, vis-a-vis the, afore quantum of, per mensem
maintenance pendent lite, being exorbitant and excessive.
4. However, this Court is of the view, that, the
impugned award is not liable to be interfered with, given the
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petitioner herein not adducing any evidence qua the
respondent being an employee. Further more, the impugned
order was rendered in the year 2018, and, when therefrom till
.
now, there hence, occurring accretions/increase(s) in his salary,
and, also since then, uptill now there happening price
escalations, thereupon it would not be appropriate to interfere
with the impugned order, and, accordingly the impugned order
is maintained and affirmed. In sequel, the instant petition is
r to
dismissed. All pending applications also stand disposed of.
(Sureshwar Thakur)
Judge.
22nd May, 2019.
(Rohit)
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