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2016 DIGILAW 62 (PNJ)

Navodit Wandra v. Anita Rani

2016-01-08

SHEKHER DHAWAN

body2016
JUDGMENT : SHEKHER DHAWAN, J. Present revision petition under Article 227 of the Constitution of India is challenge to the order dated 4.9.2015 passed by learned Additional District Judge, Jalandhar, whereby petitioner has been directed to pay Rs. 3,500/- per month as maintenance pendente lite to the respondent with effect from 22.11.2013 and Rs. 15,000/- as litigation expenses. Learned counsel for the petitioner submitted that the petitioner is not doing any thing. More so, he is to look after a school going minor daughter. The petitioner has been relieved by DAV Institute of Engineering and Technology, Jalandhar w.e.f. 30.5.2014 and at present, he is not earning any thing. So, the order dated 4.9.2015 be set aside. Having considered the submissions made by learned counsel for the petitioner, this Court is of the considered view that most of the facts are not disputed that the respondent is the legally wedded wife of the petitioner. At present, she is living separately from the petitioner. She is not having any source of income. To the contrary, the present petitioner is having Diploma in Electrical Engineering and was working with DAVIET College Kabir Nagar, Jalandhar and was drawing monthly salary of Rs. 17,500/-. Otherwise, he has legal and moral duty to earn and maintain his legally wedded wife. The court below has already passed order for grant of maintenance allowance, which can be considered to be bare minimum for just survival of any human being in these days. The said amount of Rs. 3,500/- cannot be considered to be on the higher side in any way. The amount towards litigation expenses of Rs. 15,000/- is also reasonable keeping in view the trend of expenses involving in litigation now a days. The Court below has already taken the most reasonable view in this case and there are no ground to interfere with the said order while exercising revisional jurisdiction of the Court. The present revision petition stands dismissed in limine being devoid of any merit.