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High Court of Punjab and HaryanaCRR(F)/84/2021dismissed

Yadwinder Singh v. Baljinder Kaur And Another

2021-03-09Mr. Justice Gurvinder Singh Gill2 pages

In The High Court for the States of Punjab and Haryana At Chandigarh CRR(F)-84-2021 (O&M) Date of Decision:- 9.3.2021 Yadwinder Singh ... Petitioner

Versus

Baljinder Kaur and another ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. C.L.Verma, Advocate, for the petitioner.

***** GURVINDER SINGH GILL, J . (Oral) The petitioner has approached this Court challenging order dated 5.3.2020 passed by Principal Judge, Family Court, Jalandhar, whereby the trial Court has awarded maintenance to the petitioner's daughter @ `5,000/- per month.

Learned counsel has vehemently argued that it is a case where his wife has been declined maintenance and in fact she had not approached the Court with clean hands and when the petition was filed, she had stated that she is not earning anything whereas a perusal of the impugned order shows that she later on furnished an affidavit that she is earning something to the tune of `26,530/-.

MOHAN SINGH 2021.03.09 16:22 I attest to the accuracy and integrity of this document

- 2 - CRR(F)-84-2021 (O&M) The trial Court while deciding the application declined the prayer of petitioner's wife for grant of maintenance mainly on the ground that she herself was an earning hand. However, the petitioner's daughter has been awarded maintenance @ `5,000/- per month. I have heard the learned counsel for the petitioner. As far as the award of maintenance to petitioner's daughter is concerned, it is bounden duty of the petitioner to maintain his daughter. Though learned counsel for the petitioner has submitted that the petitioner himself earning merely `5000/-, but this Court is unable to accept the said contention as even a labourer can be expected to be earning around `15,000/- to `18,000/- per month. The petition is sans any merit and the same is hereby dismissed.

March 9, 2021 (GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2021.03.09 16:22 I attest to the accuracy and integrity of this document