C.R.No.2025 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.R.No.2025 of 2009.
Decided on September 03, 2009.
Rajesh Kumar
.. Petitioner
VERSUS
Jasbir Kaur
.. Respondent
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.M.S.Dhillon, Advocate,
for the petitioner.
Mr.Kunal Chhoker, Advocate,
for the respondent.
M.M.S. BEDI, J. (ORAL)
Counsel for the petitioner has contended that a sum
of Rs.1800/- per month, awarded as maintenance pendente lite while
disposing of an application under Section 24 of the Hindu Marriage
Act, filed by the respondent, the trial Court has even observed that
there is no definite evidence available on the record regarding the
income of the petitioner.
On the other hand, counsel for the respondent has
contended that father of the petitioner has got 10 acres of
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C.R.No.2025 of 2009
agricultural land whereas counsel for the petitioner contends that
vide notice dated 29.10.2006, father of the petitioner has disowned
him.
After hearing the counsel for the petitioner and
respondent, at length, I am of the opinion that, no doubt, the income
of the petitioner has not been established, the trial Court presumed
his income on the basis of, he being an able bodied person awarded
a sum of Rs.1800/- per month as maintenance pendente lite.
In view of the absence of any material on the record
indicating the actual income of the petitioner, the sum of Rs.1800/-
awarded per month may be on higher side but at the same time, it
cannot be presumed that the petitioner is not earning anything.
Without interfering in the interim order, it is ordered
that the trial Court will dispose of the divorce petition within a period
of one year after the next date of hearing.
Disposed of.
(M.M.S.BEDI)
JUDGE
September 03, 2009.
rka
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