Sujjan Singh v. Irina Singh

In the High Court of Punjab and Haryana, at Chandigarh 1.

Civil Revision No. 1251 of 2022 (O&M) Sujjan Singh ... Petitioner(s)

Versus

Irina Singh ... Respondent(s) AND 2.

Irina Singh ... Petitioner(s)

Versus

Sujjan Singh ... Respondent(s) DATE OF DECISION: 08.02.2024 CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. R.S.Narang and Ms. Manpreet Kaur, Advocates for the petitioner(s) (In CR-1251-2022) and for the respondent (In CR-1790-2022).

Ms. Irna Singh, respondent, in person (In CR-1251-2022) and petitioner (In CR-1790-2022).

Anil Kshetarpal, J.

1.

These two connected revision petitions have been filed to challenge the correctness of the amount of interim maintenance granted by the Civil Judge (Junior Division), Chandigarh, in the proceedings initiated under the Hindu Adoption and Maintenance Act, 1956. 2.

In Civil Revision No. 1251 of 2022, the petitioner is the

Civil Revision No. 1251 of 2022 (O&M) AND respondent's husband. The couple is blessed with a daughter who is studying in Vivek High School, Chandigarh. They used to reside together in House No.3, Sector 5, Chandigarh, which is one of the poshest sector of Chandigarh. The Court below has assessed the interim maintenance @ ₹40,000/- each for the wife and the daughter. In other words, they have been held entitled to ₹80,000/- per month. The respondent is a professional Golf Coach, now settled in Dubai.

3.

The learned counsel representing the husband contends that multiple litigations have been initiated and in every case, there is one order or the other granting maintenance. He submits that though the husband has a monthly income of ₹2,00,000/-, however, in Dubai, his expenses are ₹1,70,000/- 4.

On the other hand Ms. Irina Singh, respondent-wife, appeared in person and submits that the income of her husband is not less than ₹12,00,000/- per month as apart from his salary, he also gets 50% commission from the coaching assignments. She also submits that her husband a highly demanded coach because as per the Golf Academy website and he had at least 318 bookings for 50 minutes lesson between 20.12.2022 to 12.01.2023. She further submits that the trial Court has erred in awarding maintenance from the date of the passing of the order, and it should be awarded from the date of filing of the maintenance application. 5.

This Court has considered the submissions of the learned counsel representing the petitioner and the respondent-wife. On a Court question, the respondent-wife admits that she is residing with her parents in a one kanal house located in Sector 21, Chandigarh. The purpose of granting

Civil Revision No. 1251 of 2022 (O&M) AND interim maintenance is to provide wives and children dependent on husband a comfortable life. The maintenance is not granted as source of sharing the husband's income. The Court has ordered maintenance @ ₹40,000/- each to the wife and the daughter. The remaining details shall be examined by the Court below while fixing permanent alimony.

6.

Keeping in view the aforesaid facts and discussion, both the revision petitions are disposed of with modification to the effect that the order of maintenance @ ₹80,000/- per month to the wife and the daughter shall be effective from the date of filing an application and not from the date of passing of the order.

7.

The miscellaneous application(s) pending, if any, in both the revision petitions shall stand disposed of.

(Anil Kshetarpal) Judge February 08, 2024 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No