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2012 DIGILAW 1752 (PNJ)

Amarjit v. Paramjit Kaur

2012-12-04

L.N.MITTAL

body2012
L. N. Mittal, J.— (Oral) By filing this revision petition under Article 227 of the Constitution of India, husband Amarjit has assailed order dated 4.8.2010, Annexure P/1 passed by learned District Judge thereby directing the husband to pay Rs. 3000/- per month as maintenance pendente lite and Rs. 5000/- as litigation expenses to the respondent-wife Paramjit Kaur on her application filed under section 24 of the Hindu Marriage Act, 1955 (in short, the Act) claiming maintenance pendente lite and litigation expenses. Respondent-wife has filed divorce petition under section 13 of the Act against petitioner-husband. The wife in her application under section 24 of the Act alleged that she has no source of income whereas the husband is earning Rs. 35,000/- per month and is having good health. The husband in his reply broadly denied the averments of the wife. It was pleaded that the wife is getting huge amount from his brothers living in Canada and is also herself running sewing centre and thereby earning Rs. 12,000/- per month. Husband denied his income of Rs. 35,000/- per month. The husband alleged that earlier he worked as stunt artist at Mumbai where his right shoulder was fractured and now he is unable to do any job. The husband also alleged that he is ready and willing to keep the wife and children with him and also to maintain them. Learned trial court vide impugned order Annexure P/1 granted interim maintenance and litigation expenses as mentioned hereinbefore. Feeling aggrieved, husband has filed this revision petition to assail the said order. I have heard learned counsel for the parties and perused the case file. Counsel for the petitioner reiterated the version of the petitioner pleaded in the trial court. I have carefully considered the same. Trial court has observed in the impugned order that no document has been placed on record to depict that the husband has suffered any fracture as pleaded by him. In spite thereof, no medical certificate or other document has been produced in the instant revision petition to depict that the husband suffered any such fracture or that he is disabled person. As regards income of either party pleaded by the opposite party, no material has been placed on record by either party. The husband in his reply in the trial court alleged that he has no income at all. As regards income of either party pleaded by the opposite party, no material has been placed on record by either party. The husband in his reply in the trial court alleged that he has no income at all. In the instant revision petition, however, husband has filed affidavit that he is earning Rs. 2000/- per month by selling milk of a buffalo being maintained by him and has also rented out a room of his house at Rs. 500/- per month rent. In addition to the aforesaid, the plea of the husband that he is ready to keep and maintain the wife and children has been rightly discarded by the trial court because the husband did not take any step to seek restitution of conjugal rights although parties are residing separately for more than 10 years. Thus, the aforesaid plea that he is ready and willing to keep and maintain the wife and children has been taken just to avoid payment of maintenance pendente lite and litigation expenses to the wife. It is also significant to observe that the husband has pleaded that he is ready and willing to keep and maintain the wife and the children. It would depict that the husband has sufficient income for doing so. In these circumstances, maintenance pendente lite of Rs. 3000/- per month only granted by the trial court cannot be said to be excessive particularly keeping in view the sky rocketing prices of daily necessities these days. Consequently, the same does not warrant any reduction. For the reasons aforesaid, I find no perversity, illegality or jurisdictional error in the impugned order of the trial court so as to call for interference at the instance of the husband-petitioner in exercise of power of superintendence under Article 227 of the Constitution of India. The revision petition lacks any merit and is accordingly dismissed. __