High CourtsSingle Bench

Smt. Jatinder Kaur vs Shri Kirpal Singh

Punjab And Haryana At Chandigarh · Decided on 23 March 1990 · Citation: (1990) 98 PLR 63

HON’BLE JUDGES
Gokal Chand Mital, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 115 · Hindu Marriage Act, 1955 — Section 24
CASE NUMBER
Civil Revision No. 3416 of 1989 and Civil Miscellaneous No. 566-CII of 1990
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Judgment

6 paragraphs · 257 words

Gokal Chand Mital, J.—The husband is carrying on a mariage bureau He is seeking divorce from his wife. Since he is carrying on such a profession, he is supposed to know his duty to maintain wife and children. The wife is already getting Rs. 300/- per month in the proceedings u/s 125 Cr. P. C.; Rs. 150/- for herself and Rs. 150/- for both the children. This amount is meagre for them to make both ends meet.

2.

Keeping in view the income and status of the husband, Rs. 700/- per month as maintenance pendente lite for the wife and the children would be reasonable.

3.

Accordingly, I allow this revision and direct the husband to pay Rs. 700/- per month to the wife for her maintenance and for the maintenance of the children. However, this amount will include the amount awarded by the Court in proceedings u/s 125 Cr. P.C. This amount would be payable with affect from the date of filing of divorce petition by the husband in the trial Court till decision thereof.

4.

The wife is also awarded Rs. 500/- as litigation expenses for this Court.

5.

The arrears of maintenance and the litigation expenses awarded by this Court and the trial Court be paid to the wife within two months from today. In case arrears are not paid, it will be open to the wife to recover the same in execution of the order, and/or by filing contempt petition.

6.

With this order, the revision and the Misc. application stand disposed of.