Shyam Sunder v. Renu Sharma

CR No.3292 of 2015 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.3292 of 2015 (O&M) Date of decision: 04.12.2015 Shyam Sunder ... Petitioner Vs.

Renu Sharma ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL 1.

Whether reporters of local newspapers may be allowed to see judgment?

2.

To be referred to reporters or not?

3.

Whether the judgment should be reported in the Digest? Present:- Mr. Navneet Jindal, Advocate for the petitioner.

Mr. Aditya Jain, Advocate for the respondent.

AMIT RAWAL J. (Oral) The petitioner is aggrieved against the impugned order dated 17.03.2015 (Annexure P-1), whereby, in a petition filed under Section 13 of Hindu Marriage Act, seeking divorce, interim maintenance pendent lite to the tune of `8,500/- per month has been awarded from the date of application.

Mr. Navneet Jindal, learned counsel appearing on behalf of the petitioner submits that a photocopy of the appointment letter of respondent was placed on record to show that respondent-wife is earning `33,000/- per month but the Court below did not take into SAVITA DEVI KADIAN 2015.12.10 10:28 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.3292 of 2015 (O&M) consideration the same while awarding maintenance pendent lite to the tune of `8,500/- per month. Today during the course of hearing, original of the same has been handed over to Mr. Aditya Jain, Advocate, appearing on behalf of the respondent-wife, which reveals that wife is getting `33,000/- per month.

It is a matter of record that there is one child who is in custody of the respondent-wife. Since the minor child is in the care and custody of the respondent-wife, I am of the view that since wife earning `33,000/- per month, is not entitled to maintain pendent lite. However, the petitioner is liable to pay a sum of `5,000/- per month towards maintenance charges of the child.

Accordingly, the impugned order dated 17.03.2015, is hereby set aside. Revision petition is disposed of, with a direction to the petitioner that application filed under Section 24 of Hindu Marriage Act shall be treated as maintenance charges amounting to `5,000/- vis-a-vis child only from the date of the application and the petitioner is directed to make the payment of its arrears to the respondent-wife against the valid receipt within a period of two months from the date of receipt of a certified copy of this order. Revision petition stands disposed of.

(AMIT RAWAL) JUDGE December 04, 2015 savita SAVITA DEVI KADIAN 2015.12.10 10:28 I attest to the accuracy and integrity of this document High Court Chandigarh