This revision petition challenged an order awarding Rs.1500/- monthly maintenance to the respondent wife. The petitioner, a labourer, argued he was poor and had no property. The High Court held the award was minimal and dismissed the revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
C.R. 4018 of 2009 Date of decision:- 12.11.2009
Sukhwinder
petitioner
vs
Gomti Devi
Respondent
Present: Mr. Rajkapoor Malik, Advocate Mr. Bhag Singh, Advocate.
M.M.S.BEDI,J.
This revision petition has been preferred against order dated 11.6.2009 passed by the court below allowing the application of the respondent-wife u/s 24 of the Hindu Marriage Act and awarding a sum of Rs.1500/- per month as maintenance pendente lite.
The main contention of the petitioner-husband before the court below is that he is working as a labourer and the wife is capable of earning as she is doing the work of tailoring and knitting.
Learned counsel for the petitioner has contended that the petitioner is a poor man, working as a labourer and has got no property in his name, as such the interim maintenance awarded by the trial court is excessive.
I have heard learned counsel for the petitioner. The petitioner appears to be an able bodied person. No disability has been pleaded by him. The amount of interim maintenance, awarded by the trial court is bare minimum to meet the needs of life. No ground is made out for interference in the order passed by the court below. It is pertinent to observe here that a lenient approach has already been adopted by the court below by not awarding any litigation expenses. Even the petitioner has not paid a sum of Rs.10,000/- by appearing in the court today.
Dismissed. November 12 ,2009 (M.M.S.BEDI) TSM JUDGE
3 issues framed by the court
Whether the interim maintenance awarded to the wife is excessive given the petitioner's claim of poverty and lack of property.
Whether the revision court should interfere with the trial court's order awarding Rs.1500/- per month as maintenance pendente lite.
Whether the petitioner's statement that he is a labourer with no property and no disability justifies reducing the maintenance awarded.
1 provisions across 1 enactments
Sukhwinder
Gomti Devi
M.M.S Bedi
As recorded by the court registry
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