Simarjit Singh Vs Manjit Kaur — Matrimonial and Divorce | Punjab & Haryana HC (2025)

Simarjit Singh Vs Manjit Kaur — Matrimonial and Divorce | Punjab & Haryana HC (2025)

CR-8118-2011 (O&M) -1-

IN THE H I GH COURT OF PUNJAB AND H ARYANA AT CHANDIGARH

210 CR- 8 118-2011 (O&M)

Dat e of Decision: 02.04.2025

Simarjit Si n gh .… Petitioner

Versus

r Manjit Ka u .... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

Present: - None.

NIDHI GUPTA, J. (ORAL)

Prayer in this revision petitio n filed under Article 227 of the Constituti o n of India is for setting asi d e the impugned order dated 03.12.201 1 (Annexure P-1) passed by the learned District Judge, Kurukshet r a, whereby the application file d under Section 24 of the Hindu Marriage A ct, 1955 (for short ‘HMA’) by t he respondent-wife for grant of maintenan c e pendente lite was allowed; a n d the petitioner was directed to pay interi m maintenance @ ₹4000/- p e r month to respondent-wife, besides a s u m of ₹2200/- towards litigatio n expenses.

The matter pertains to the y e ar 2011 and has come up for

hearing after the year 2012.

On 03.02.2012, when this case was listed for hearing, following o rder was passed by a co-ordina t e Bench of this Court:-

“Misc. application is allowed. The main case is preponed from February 27, 2 012 to today. In a petition filed by re s pondent wife for divorce while allowing her application u n der Section 24 of the Hindu Marriage Act, maintenance pendente lite at the rate o f

RISHU KATARIA 2025.04.03 12:15 I attest to the accuracy and authenticity of this order/judgment.

CR-8118-2011 (O&M)

-2-

Rs.4000/- per month alon g with litigation expenses o f Rs.2200/- stand granted by t he trial Court vide impugned order.

I have considered the f acts and circumstances of this case. As per the statutory pr o visions of Section 21 B (2) o f the Hindu Marriage Act, ever y petition under Hindu Marrige Act is to be concluded within a period of six months from the date of service of the petition e r on the respondent.

Counsel informs that the trial is at the stage o f production of evidence of the r espondent wife.

Amount of maintenanc e pendente lite of Rs.4000/- even if presumed to be slightly exc e ssive but it would be only for a temporary period which coul d be approximately six months or so. In view of this prima facie, I do not find any ground to interfere in the impugned ord e r but in view of the offer of the petitioner that he is ready t o pay lumpsum maintenance to the respondent wife and amic a bly settle the dispute, I deem it appropriate in the interest o f justice to issue notice to the respondent so that said offe r can be put to the respondent wife.

Notice of motion for Ma rch 29, 2012 to appear before the Mediation and Conciliati o n Centre subject to petitioner’s paying a sum of Rs.20000 / - to the respondent wife as litigation/ travelling expense s on the said date before the Mediation Centre.

Report of the Mediati o n Centre be submitted to this Court for April 20,2012.

In case a sum of Rs. 2 0000/- is not paid before the Mediation Centre, this petiti o n will be deemed to have been dismissed.”

There is no representat i on on behalf of the petitioner, despite the case having been called twice.

RISHU KATARIA 2025.04.03 12:15 I attest to the accuracy and authenticity of this order/judgment.

CR-8118-2011 (O&M) -3-

As per office report dated 16. 0 8.2023, the petitioner has not deposited the sum of ₹20,000/- in co m pliance of the order dated 03.02.201 2 , till date. Further, Mr. Viv e k Goyal, Advocate for the petitioner t hrough his letter dated 31.07 . 2024 had also informed that during the pendency of instant revision pe t ition, the petition filed by the responden t -wife under Section 24 of H M A was withdrawn by her on 02.04.201 2 . A copy of the order dated 02. 0 4.2012 passed by the learned Additional District Judge, Kurukshetra, was also appended with the aforesaid l e tter.

In view of the above and the observations made by a co-ordinat e Bench of this in the order dated 03.02.2012 reproduced above, the instant revision petition is dismissed.

Pending application(s), if any , shall stands disposed of.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No

RISHU KATARIA 2025.04.03 12:15 I attest to the accuracy and authenticity of this order/judgment.