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Rohit Chawla vs Swati on 28 September, 2018

FAO-M-219-2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

FAO-M-219-2018.
Decided on: September 28, 2018.

Rohit Chawla

.. Appellant
VERSUS

Swati
.. Respondent

***

CORAM: HON’BLE MR.JUSTICE M.M.S.BEDI
HON’BLE MR.JUSTICE ANUPINDER SINGH GREWAL

***
PRESENT Ms.Anju Arora, Advocate, and
Ms.Saigeeta Srivastva, Advocate,
for the appellant.

Mr.Vinod S. Bhardwaj, Advocate,
for the respondent.

M.M.S. BEDI, J. (ORAL)

This is an appeal against an order granting a sum of

Rs.10,000/- per month as maintenance pendente lite to the respondent-wife

under Section 24 of the Hindu Marriage Act, in proceedings under Section

13 of the Hindu Marriage Act.

On 20.7.2018, notice of motion was issued merely to

explore the possibility of any amicable settlement.

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FAO-M-219-2018

Counsel for both the parties inform that the mediation

has failed.

Counsel for the appellant has submitted that in view of

the nature of the litigation, the respondent-wife is not entitled for any

maintenance because the appellant-husband is seeking to get the marriage

declared nullity under Section 11 of the Hindu Marriage Act. Counsel for

the appellant has also vehemently urged that the respondent being not the

legally wedded wife, the provisions of Section 24 of the Hindu Marriage

Act, will not make her entitled to any maintenance pendente lite.

We have carefully considered the said contention and are

of the opinion that the wording of Section 24 of the Hindu Marriage Act

entitles a spouse for maintenance pendente lite “in any proceedings under

the Act.”

In view of said circumstances, we do not find any force

in the contention of the learned counsel for the appellant and dismiss this

appeal finding no reasons to interfere in the impugned order. However, it is

directed that the trial Court shall make earnest endeavour to conclude the

proceedings expeditiously.

(M.M.S. BEDI)
JUDGE

September 28, 2018. (ANUPINDER SINGH GREWAL)
raj arora JUDGE

Whether speaking / reasoned Yes / No
Whether reportable Yes / No

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