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2018 DIGILAW 16 (PNJ)

Bhupinder Kumar v. Kulbir Kaur

2018-01-08

KULDIP SINGH

body2018
JUDGMENT Mr. Kuldip Singh J. (Oral):- This order will dispose of two connected revisions i.e.CR-2795-2015 and CR-3418-2015, as both revisions are directed against theorder dated 11.3.2015, passed by the learned Additional District Judge, SASNagar, Mohali, vide which during the pendency of the petition filed underSection 13 of the Hindu Marriage Act, 1955, an order was passed on anapplication filed under Section 24 of the Hindu Marriage Act, 1955, andwife and her son were granted Rs. 50,000/- per month as maintenance. Forbrevity, facts have been taken from CR-3418-2015. 2. I have heard the learned counsels for the parties and have alsocarefully gone through the files. 3. The perusal of impugned order shows that respondent-wife hadprojected before the lower Court that she is a Government employee andhaving salary of Rs. 20,000/- per month. She is having a son who isstudying in tenth class. 4. On the other hand, it was found by the Court thatpetitioner-husband is LIC agent and from the financial statement, it wasconcluded that his monthly income is not less than rupees one lakh. 5. The learned counsel for petitioner-husband has argued thatfinancial statement is not the actual income and his income is less thanrupees one lakh. The learned counsel for petitioner-husband has alsoreferred to the provisions of Section 24 of the Hindu Marriage Act, 1955,where the wife is entitled to maintenance only if she has no independentincome to support herself. The learned counsel for petitioner-husband hasfurther contended that he is not running away from his responsibility to paymonthly maintenance to his son. The learned counsel for petitioner-husbandhas further argued that as per the statement made by respondent-wife inanother proceeding dated 28.10.2017 before the Court, her salary at that timewas Rs. 47,000/- plus, from which she is paying Rs. 15,000/- as GP FundRs. 1000/- as income tax and Rs. 30/- as GIS, leaving the actual income toapproximately Rs. 31,000/- per month. It is further contended that as perAnnexure-P-1, her salary was Rs. 35,000/- per month in the year 2015. Ifthe said deductions are taken, her income is likely to be around Rs. 20,000/-. 6. Both the learned counsels for the parties have informed theCourt that out of wedlock of parties, a son was born on 9.3.1998 and hebecame major on 8.3.2016. The petitioner-husband is ready to payreasonable sum to said son to support his study, clothing and othernecessities. Ifthe said deductions are taken, her income is likely to be around Rs. 20,000/-. 6. Both the learned counsels for the parties have informed theCourt that out of wedlock of parties, a son was born on 9.3.1998 and hebecame major on 8.3.2016. The petitioner-husband is ready to payreasonable sum to said son to support his study, clothing and othernecessities. Respondent-wife from her own income can maintain herself.The learned counsel for petitioner-husband has further informed the Courtthat respondent-wife is living in a house which is owned by thepetitioner-husband and petitioner-husband is paying the installments of saidhouse. 7. Considering the entirety of facts and circumstances and the factthat respondent-wife is living in the house of petitioner-husband and she ishaving an independent income and also the fact that the maintenance is onlyfor her support to son, the maintenance of Rs. 50,000/- per month is liable tobe reduced to Rs. 20,000/- per month from the date of filing of applicationtill the date of majority of the son i.e. 8.3.2016. Litigation expenses aremaintained. 8. At this stage, the learned counsel for petitioner-husbandBhupinder Kumar, who is also present in Court today, has offered that he isready to pay Rs. 15,000/- per month as maintenance to son from the date offiling of the application till the date of majority of his i.e. 8.3.2016 and thepayment of arrears will be paid within fifteen days. 9. In these circumstances, it is ordered that if petitioner-husbandpays Rs. 15,000/- per month to the son as maintenance from the date of filingof application till the date of attaining majority of his son i.e. 8.3.2016, thisorder deems to have been satisfied. However, if the payment of arrears isnot made within fifteen days, maintenance at the rate of Rs. 20,000/- permonth shall be recoverable, as ordered above, by coercive method. 10. Both the revisions are disposed of.