This revision petition under Article 227 assailed an order granting maintenance to the respondent wife. The High Court found no merit in the petitioner's claim of unemployment and dismissed the petition.
The revision petition was dismissed, upholding the order granting maintenance.
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 OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.1230/2011 Date of decision:22.2.2011.
Naveen Minhas
.............Petitioner
Nitika
..............Respondent
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Sandeep Bansal,Advocate for the petitioner.
Jaswant Singh,J(Oral).
Petitioner/husband has filed the instant revision petition under Article 227 of the Constitution assailing the order dated 1.12.2010 (P3) passed by learned Addl.Distt.Judge (Adhoc) Fast Tract Court, Gurdaspur, whereby the application under Section 24 of the Hindu Marriage Act moved by the respondent wife was allowed by granting her maintenance @ Rs.3000/- per month.
It is submitted by the learned counsel that the petitioner husband is totally unemployed and the respondent wife is a skilled computer operator and doing job. Accordingly, it is prayed that the impugned order is liable to be set aside.
After hearing the learned counsel I find no force in the submissions made on behalf of the petitioner.
A perusal of the impugned order reveals that except the bald assertions that respondent wife is employed, no material was produced to substantiate the same. Further, the petitioner led no evidence to show that his services have been terminated by his employer. During the course of hearing learned counsel for the petitioner could not dispute the fact that the petitioner is an educated and able bodied man and simultaneously bound to maintain his wife and minor child(Girl).
For the reasons stated above,finding no merit in this revision petition the same is hereby dismissed.
22.2.2011. (Jaswant Singh) joshi Judge
2 issues framed by the court
Whether to set aside the order granting monthly maintenance to the respondent wife under Section 24 of the Hindu Marriage Act.
Whether the petitioner's unemployment supports setting aside the maintenance order.
2 provisions across 2 enactments
Naveen Minhas
Nitika
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
