Upinderjit Singh Toki v. Daljit Kaur
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-4666-2024 Date of Decision: -21.08.2024 UPINDERJIT SINGH TOKI . . . . PETITIONER Vs.
DALJIT KAUR . . . . RESPONDENT
CORAM:
HON'BLE MR JUSTICE DEEPAK GUPTA Present:- Mr. Dhruv Gupta, Advocate, for the petitioner. DEEPAK GUPTA, J.
In petition under Section 13 of the Hindu Marriage Act, 1955 [for short 'the Act'] for dissolution of the marriage filed by wife Daljit Kaur (respondent herein) against husband Upinderjit Singh Toki (petitioner herein), an application under Section 24 of the Act was moved for interim maintenance. By way of the impugned order dated 06.03.2024 (Annexure P1), learned Principal judge, Family Court, Ludhiana allowed interim maintenance @ ₹3,000/- per month to the wife and ₹2000/- per month each to the two minor children. Apart from this, the husband was also directed to pay ₹4000/- as litigation expenses. 2.
Assailing the aforesaid order, it is contended by ld. counsel for the husband (petitioner herein) that as per the affidavit of Asset and Liabilities filed by the husband (Annexure P8) before the Family Court, he had the monthly expenses of ₹10,000/-, which he was bearing with the help of relatives and friends and that he was earning nothing. On the other hand, the wife, as per her affidavit (Annexure P6) was an educated lady being B.A. B.Ed. and so, was capable of earning. 3.
After hearing ld. counsel for the petitioner and after perusing the impugned order, this Court does not find any merit in this petition. 4.
No doubt that petitioner-husband, as per his affidavit is not earning anything, but as observed by ld. family Court in the impugned order, he is an ably bodied person and as per the affidavit of the wife, he was doing the work of repair of Photostat machines with monthly income of ₹20,000/-. Even if, it be assumed that petitioner (husband) is not earning ₹20,000/- per month, as was contended by the wife, considering the fact that he is ably bodied person, it is his moral as well as legal obligation to provide interim maintenance to the wife as well as the two minor VIVEK PAHWA 2024.08.21 18:51 I attest to the accuracy and integrity of this document
CR-4666-2024 2024:PHHC: 107555 children. The affidavit of the wife also reveals that both the children are school going being aged 15 & 10 years respectively. In now a days, when prices are soaring high, an amount of ₹3000/- per month for the wife and ₹2000/- per month each for the two minor school going children, cannot in any circumstances, considered to be excessive.
5.
No merit. Dismissed.
21.08.2024 (DEEPAK GUPTA) JUDGE Whether speaking/reasoned?
Yes Whether reportable?
No VIVEK PAHWA 2024.08.21 18:51 I attest to the accuracy and integrity of this document