In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 3065 of 2009 (O&M)
Date of decision: May 26, 2009
Subhashs Chand
.. Petitioner
Vs.
Smt. Santosh
.. Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Virender Kumar, Advocate for the petitioner. A.N. Jindal, J
On examination of the impugned order, it transpires that the
trial court after adjusting the amount of maintenance which has been paid to
the respondent, awarded further sum of Rs.5000/- per month payable to the
respondent. Had the court ordered Rs.18000/- then certainly the petitioner
had to pay only Rs.5000/- more and it is just a way of making observations
and nothing more. It cannot be said in any manner that adjustment of
Rs.13,000/- has not been made in the order of interim maintenance passed
by the learned District Judge, Karnal.
The observations made by the Apex Court in case Sudeep
Chaudhary vs. Radha Chaudhary, AIR 1999 Supreme Court 536, are not
in any way disputed. While keeping in view all the facts and circumstances
of the case, including the fact that the petitioner has an amount of Rs.2.00
crores which he had earned out of the sale proceeds and also the valuable
land he possesses, the court in its own words had adjusted the amount and
awarded Rs.5000/- more to the petitioner under Section 24 of the Hindu
Marriage Act.
Dismissed.
May 26, 2009 (A.N. Jindal) deepak Judge