Defendant-appellant filed a second appeal against a decree awarding monthly maintenance to his wife. The High Court dismissed the appeal, noting the appellant failed to raise jurisdictional objections earlier and could not substantiate claims of rental income reducing liability.
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RSA No. 4141 of 2013
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No. 4141 of 2013 (O&M) Date of Decision : 28.05.2016
Iqbal Singh ....Appellant
Versus
Paramjit Kaur
....Respondent
CORAM: HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Mandeep K. Dhot, Advocate for Mr. K.S. Dadwal, Advocate for the appellant.
Mr. Raman K. Sharma, Advocate for the respondent.
Surinder Gupta, J.
This is Regular Second Appeal by defendant-appellant Iqbal Singh against the judgment of Civil Judge (Junior Division), Kharar, allowing maintenance of `4000/- per month to plaintiff-respondent Paramjit Kaur wife of defendant-appellant; creating first charge over the land of defendant-appellant for this maintenance and further restraining him from alienating the same.
took the plea that he was misled at the time of marriage that plaintiff is JITENDER KUMAR 2016.06.02 10:27 I attest to the accuracy and integrity of this document
RSA No. 4141 of 2013 -2-
working as a staff nurse in Civil Hospital, Mohali. He also levelled allegations of misbehave and cruelty against plaintiff.
4000/- per month to plaintiff. In appeal maintenance allowed by Civil Judge (Junior Division), Kharar was maintained and affirmed by learned Additional District Judge, SAS Nagar, Mohali, who took into consideration the salary of defendant-appellant, which was 17534/- at that time. The plea of appellant that respondent has rented out a portion of his house and getting `2200/- per month as rent was discarded for want of any evidence to prove this fact.JITENDER KUMAR 2016.06.02 10:27 I attest to the accuracy and integrity of this document
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than `35,000/- per month and the maintenance allowed by learned Civil Judge (Junior Division), Kharar is quite meagre.
Dismissed.
May 28, 2016 jk
( SURINDER GUPTA) JUDGE
JITENDER KUMAR 2016.06.02 10:27 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the appeal challenging the maintenance order succeeds given the lack of jurisdiction plea in the lower court.
Whether the appellant is entitled to set aside the maintenance order based on unsubstantiated claims of rental income.
IQBAL SINGH
PARAMJIT KAUR
SURINDER GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court