Allowed

Jasica Alias Jasbir Kaur v. Ashwani Oberoi

Punjab & Haryana HC30 Oct 2012CR/1380/2012

Case brief

AI extract

What is this about?

This revision petition sought enhancement of maintenance pendente lite and litigation expenses. The High Court, finding the trial court's award inadequate, allowed the petition and enhanced the amounts directed to be paid by the husband.

What did the court decide?

Maintenance enhanced to Rs.6,000/- per month for wife and minor son; litigation expenses enhanced to Rs.10,000/-.

Jasica Alias Jasbir Kaur Vs Ashwani Oberoi — Maintenance and Alimony | Punjab & Haryana HC (2012)

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C. R. No. 1380 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Case No. : C. R. No. 1380 of 2012

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Date of Decision : October 30, 2012

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Jasica alias Jasbir Kaur .... Petitioner

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Vs. Ashwani Oberoi .... Respondent

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CORAM : HON'BLE MR. JUSTICE L. N. MITTAL

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Present : Mr. Sanjeev Rai, Advocate for Mr. Shiv Kumar, Advocate for the petitioner.

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None for the respondent.

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L. N. MITTAL, J. (Oral) :

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Wife Jasica alias Jasbir Kaur, by filing this revision petition under Article 227 of the Constitution of India, seeks enhancement of maintenance pendente lite.

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Respondent-husband Ashwani Oberoi has filed divorce petition against the petitioner-wife under Section 13 of the Hindu Marriage Act, 1955 (in short – the Act).

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The wife moved application under Section 24 of the Act

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C. R. No. 1380 of 2012

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claiming maintenance pendente lite for herself as well as for minor son of the parties residing with the wife and also claimed litigation expenses. The wife alleged that she has no source of income, whereas the husband was running wholesale business of karyana in a big shop at Pathankot and earning Rs.40,000/- per month.

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The husband, however, alleged that the wife, by working as Receptionist in a hospital, was earning Rs.15,000/- per month, whereas the husband himself was a street vendor on cycle having income of Rs.2,700/per month only.

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Learned Additional District Judge, vide impugned order dated 04.01.2012, granted maintenance pendente lite of Rs.3,000/- per month to the wife from the date of her application and Rs.3,000/- as litigation expenses. Feeling aggrieved, the wife has filed this revision petition seeking enhancement of the maintenance pendente lite.

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I have heard counsel for the petitioner and perused the case file, whereas none has appeared for the respondent in spite of service and in spite of adjournments.

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Counsel for the petitioner contended that pamphlet (Annexure P-2) reveals that the respondent-husband is running wholesale karyana shop at Pathankot, and therefore, maintenance pendente lite needs to be enhanced.

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C. R. No. 1380 of 2012

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I have carefully considered the aforesaid contention. Merely on the basis of pamphlet (Annexure P-2), it cannot be inferred that the husband is running business as wholesale karyana merchant. There is nothing else on record in support of the the aforesaid plea of the wife. Nothing has also been produced by the husband to depict that wife has any income. However, even an unskilled casual labourer earns more than Rs.6,000/- per month these days. Income of the husband even as street vendor would be more than that. Moreover, minor son of the parties is also residing with the petitioner-wife. In these circumstances, maintenance pendente lite of Rs.3,000/- per month only awarded by the trial court needs to be enhanced, particularly keeping in view the sky-rocketing prices of daily necessities these days.

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Accordingly, the instant revision petition is allowed. In modification of the impugned order of the trial court, respondent-husband is directed to pay to the petitioner-wife Rs.6,000/- per month as maintenance pendente lite for the wife and the minor son w.e.f. the date of application moved by the wife in the trial court and also to pay Rs.10,000/- as litigation expenses.

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October 30, 2012 ( L. N. MITTAL ) monika JUDGE

Jasica Alias Jasbir Kaur v. Ashwani Oberoi

Case brief

What is this about?

What did the court decide?

Jasica Alias Jasbir Kaur v. Ashwani Oberoi

Case brief

What is this about?

What did the court decide?

What the court decided

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