Suraj vs Smt.Baby on 10 March, 2009

Civil Revision No.5499 of 2008                                1

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                        Civil Revision No.5499 of 2008
                                        Date of Decision:10.03.2009

Suraj

                                                   ....petitioner

                    Versus

Smt.Baby

                                                   .....respondent

CORAM:         HON'BLE MR.JUSTICE RAKESH KUMAR GARG

Present:       Ms.Raina Sabharwal,Advocate
               for the petitioner

               Mr.Arun Singla, Advocate
               for the respondent

                    ****

RAKESH KUMAR GARG J.

In this revision petition, the petitioner, who is husband, has

challenged the impugned order dated 16.09.2008 passed by Additional

District Judge, Panipat in an application under Section 24 of the Hindu

Marriage Act, 1955 filed by the respondent-wife whereby interim

maintenance @ Rs.2000/- per month with effect from the date of

application has been granted to the respondent along with litigation

expenses to the tune of Rs.5500/-.

The aforesaid order has been challenged by the petitioner in

this Court on the ground that he has no income and in fact he is suffering

from the disease of Tuberculosis. Noticing the fact that no such plea was

raised by the petitioner in the trial Court, this Court granted an opportunity

to the petitioner to place on record some evidence/material to support the

plea that the petitioner was suffering from such disease.

Learned counsel appearing on behalf of the petitioner has

shown her inability to place on record any material stating that the
Civil Revision No.5499 of 2008 2

petitioner is in jail.

Thus, the contention of the petitioner before this Court has

remained unsupported from any evidence on record.

I find no reason to interfere in the said order.

Dismissed.

(RAKESH KUMAR GARG)
JUDGE
10.03.2009
neenu