Husband challenged wife's maintenance order of Rs.750/month under Section 24 HMA claim of unemployment and need to support children. Court upheld as just based on fixed income of Rs.3,500.
Maintenance pendente lite order of Rs.750 per month to respondent maintained.
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IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH.
C.R.No.5570 of 2010 Date of decision: 1.9.2010
Vijay Kumar
...Petitioner
vs
Shakuntla
....Respondent
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG. Present: Mr.R.K.Verma, Advocate, for the petitioner.
Rakesh Kumar Garg,J.(Oral)
This is husband's revision petition challenging the impugned order dated 29.3.2010 whereby the respondent-wife has been granted maintenance pendente lite at the rate of Rs.750/- per month under Section 24 of the Hindu Marriage Act,1955.
Challenging the aforesaid order, learned counsel for the petitioner has vehemently argued that petitioner is an unemployed person, having no source of income and he is also maintaining two children and, therefore, the impugned order passed by the trial Court awarding Rs.750/per month as maintenance pendente lite is on the excessive side.
I have heard the learned counsel for the petitioner and perused the impugned order.
While determining the income of the petitioner the trial Court has taken into consideration the monthly income of a daily wager/labourer only. No fault can be found in determining the aforesaid income in the absence of other evidence. Taking note of the fact that the tentative income of the petitioner has been fixed at Rs.3,500/-, the maintenance pendente lite at the rate of Rs.750/- granted to the wife is just and proper in the circumstances of the case.
Dismissed.
(Rakesh Kumar Garg) Judge
September 1, 2010 rk
2 issues framed by the court
Whether maintenance pendente lite of Rs.750 per month granted to the wife is excessive given the husband's income as a daily wager.
Whether the trial court's estimation of the husband's income as Rs.3,500 per month is sustainable in absence of other evidence.
1 provisions across 1 enactments
Vijay Kumar
Shakuntla
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
