Bhinder Singh v. Shelly Rani

CR No.2202 of 2018 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.2202 of 2018 Date of decision:04.04.2018 Bhinder Singh ... Petitioner Vs.

Shelly Rani ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Ravinder Singh Marahar, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The petitioner-husband is in revision petition against the impugned order dated 02.02.2018 (Annexure P-1), whereby, in an application under Section 24 of Hindu Marriage Act moved by the respondent-wife, in a divorce petition filed by the petitioner-husband, ad interim maintenance @ `3000/- per month alongwith litigation expenses of `5,000/- was ordered to be paid to the respondent-wife. Learned counsel for the petitioner submitted that no proof of income of the petitioner has been placed on record. Moreover, a minor child is also in the custody of the petitioner and therefore, awarding of interim maintenance @ `3,000/- is phenomenal and liable to be reduced. I have heard the learned counsel for the petitioner, appraised the paper book and of the view that as per the Minimum Wages Act, the income of able bodied person is `8649/- per month and has rightly been Savita 2018.04.06 15:04 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.2202 of 2018 {2} assessed by the Court below by applying the cut of 1/3rd. In view of the aforementioned, awarding of ad interim maintenance @ `3,000/- is just and fair and litigation expenses @ `5,000/- is also reasonable keeping in view the status of the parties. The impugned order is perfectly legal and justified, much less the same cannot be said to have been passed without jurisdiction.

The revision petition stands dismissed.

(AMIT RAWAL) JUDGE April 04, 2018 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2018.04.06 15:04 I attest to the accuracy and integrity of this document High Court Chandigarh