SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sumit vs Savita on 14 August, 2018

CR No.6522 of 2017 1

246
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Civil Revision No.6522 of 2017
Date of Decision:14.08.2018

Sumit
……Petitioner

Vs

Savita
….Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Dharamveer Phour Advocate
for the petitioner.

Ms. Sangeeta, Advocate
for the respondent.

****

RAJ MOHAN SINGH, J.

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

petitioner against the order dated 17.08.2017 passed by the

District Judge, Family Court, Jhajjar vide which application

under Section 24 of the Hindu Marriage Act filed by the

respondent was allowed thereby granting Rs.10,000/- per month

as maintenance pendente lite in her favour from the date of

filing of the application i.e. 03.04.2017 along with an amount of

Rs.5,000/- towards litigation expenses.

[2]. I have considered the submissions made by learned

1 of 3
18-08-2018 03:21:25 :::
CR No.6522 of 2017 2

counsel for the parties.

[3]. While granting the maintenance pendente lite and

litigation expenses, the District Judge, Family Court, Jhajjar has

considered the status of the petitioner to be that of Constable in

the ITBP. His gross salary was Rs.34,021/- per month and after

deduction net payable salary was Rs.27,120/- per month.

[4]. A divorce petition has been filed by the husband-

petitioner under Section 13(ia)(ib) of the Hindu Marriage Act.

The Family Court has considered the fact that the respondent

has to be maintained by the petitioner as per his status.

Respondent has no source of income and has to bear expenses

towards herself as well as towards minor daughter, who is about

3 years of age. At this stage, other income of the petitioner

cannot be commented upon for want of material.

[5]. In my considered opinion, the award of Rs.10,000/-

towards maintenance pendente lite for two human beings and

litigation expenses to the tune of Rs.5,000/- are not on the

higher side. However the maintenance amount subject matter of

proceedings in Domestic Violence Act would be adjusted. The

factum of award of maintenance in the proceedings of Domestic

Violence Act shall be ascertained by the Family Court. In the

event of finding award of maintenance in the said proceeding,

2 of 3
::: Downloaded on – 18-08-2018 03:21:25 :::
CR No.6522 of 2017 3

necessary adjustment shall be made while computing total

amount of compensation payable to the respondent.

[6]. With the aforesaid modification, this revision petition is

disposed of.

August 14, 2018 (RAJ MOHAN SINGH)
Atik JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No

3 of 3
::: Downloaded on – 18-08-2018 03:21:25 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation