AMAR JOT SINGH Vs. HARVINDER KAUR

JUDGEMENT

(1.) By the present petition, petitioner has challenged order dated 16.07.2007 by which learned ADJ has awarded maintenance pendente lite to the respondent/wife @ Rs. 3,000/- per month from date of application under Section 24 of HMA till the disposal of divorce petition. A sum of Rs. 3,000/- has been awarded to her towards litigation expenses.

(2.) The grievance of petitioner is that petitioner/husband is earning only Rs. 3,000/- per month while working as a Lab Assistant, in a Nursing Home which is in a village at Hoshiarpur (Punjab). It is submitted that while disposing of the maintenance application, learned ADJ has observed that petitioner has not filed salary certificate to show that he is earning Rs. 3,000/- per month and has disbelieved him. It is contended that the salary certificate was placed on record by petitioner and it has escaped the attention of learned ADJ. It is submitted that as the maintenance awarded to wife is without considering the relevant document i.e. salary certificate, the impugned order may be set aside.

(3.) Notice of aforesaid petition was issued to respondent. But she has failed to appear despite service.