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Sarita vs Desh Raj on 9 May, 2019

CR No.7528 of 2018(OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CR No.7528 of 2018(OM)
Date of Decision: 09.05.2019

Sarita …..Petitioner

Versus

Desh Raj …..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. J.P. Sharma, Advocate
for the petitioner.

Mr. Vijay Sangwan, Advocate
for the respondent.

****

RAJ MOHAN SINGH, J.(Oral)

[1]. This revision petition has been preferred against the

order dated 08.08.2018 passed by District Judge, Narnaul vide

which application filed by the petitioner under Section 24 of the

Hindu Marriage Act was dismissed primarily on the ground that

the petitioner is getting monthly remuneration from Government

of Haryana.

[2]. Marriage between the parties was solemnized on

10.12.2015. No issue took birth from the wedlock. Petitioner has

filed petition under Section 13 of the Hindu Marriage Act along

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CR No.7528 of 2018(OM) 2

with application under Section 24 of the Hindu Marriage Act for

claiming maintenance pendente lite and litigation expenses.

Petitioner is a Panch of the Gram Panchayat and she is getting

an amount of Rs.1000/- as fixed honorarium. The said fact has

been taken against the petitioner for rejecting her claim of

maintenance pendente lite.

[3]. District Judge, Narnaul has not adverted to any such

fact while dismissing the application. In my considered opinion,

the aforesaid fact cannot be taken to be a valid ground for

rejecting the claim of the petitioner. Impugned order is non-

speaking and is not legally sustainable.

[4]. In view of above, impugned order is set aside. This

revision petition is accordingly allowed. District Judge, Narnaul

is directed to re-visit the issue and pass appropriate order

afresh after taking into consideration the prima facie material on

record.

09.05.2019 (RAJ MOHAN SINGH)
Prince JUDGE

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

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