Civil Rev. 716 of 2009 1
IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH
Civil Rev. 716 of 2009
Date of decision: 1.9.2009
Mahabir Singh
Petitioner
vs
Smt. Indro Devi
Respondent
Present Mr. SK Yadav, Advocate
Mr. Ramender Chauhan, Advocate.
M.M.S.BEDI,J.
The petitioner has been directed to pay a sum of Rs.3000/- per
month to the respondent towards maintenance pendente lite by the trial
court vide order dated 15.1.2009.
Learned counsel for the petitioner has contended that the
petitioner is a retired Army personnel, having two acres of agricultural land
in his name and he is drawing a pension of Rs.3625/- per month. It will be
difficult for him to survive, if a sum of Rs.3000/- is paid as maintenance to
the respondent. On the other hand, learned counsel for the respondent has
contended that the father of the petitioner has got 25 acres of land.
I have heard learned counsel for the parties. During the course
of arguments, it transpires that three daughters born out of the marriage
between the parties are already married and two major sons, born out of
their wedlock are staying with the respondent in the house, belonging to
the petitioner. The amount of Rs.3000/-, ordered to be paid as interim
maintenance by the trial court to the respondent, appears to be on a
higher side in view of the fact that the petitioner has already provided a
Civil Rev. 716 of 2009 2
house to his wife and children and that he himself is staying with his
parents but in the exercise of revisional jurisdiction, it is not deemed
appropriate to interfere in the order, passed by the trial court. However, the
alleged agony of the petitioner can be shortened by issuing a direction to
the trial court to complete the proceedings in a short period, taking into
consideration the statutory provisions u/s 21-B(2) of the Hindu Marriage
Act. The proceedings will be completed within a period of six months by
giving short dates. The petitioner will pay 50% of the arrears on the next
date of hearing before the trial court. The trial court will proceed with the
case on payment of the said amount. The remaining amount of arrears will
be paid on the date, following the next date of hearing. In case the
petitioner fails to pay the amount, it will be open to the trial court to pass
appropriate order, in accordance with law, against the petitioner.
The revision petition stands disposed of in the above terms.
September 1 ,2009 ( M.M.S.BEDI ) TSM JUDGE