High Court Punjab-Haryana High Court

Mahabir Singh vs Smt. Indro Devi on 1 September, 2009

Punjab-Haryana High Court
Mahabir Singh vs Smt. Indro Devi on 1 September, 2009
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