PREM SINGH Vs. GURMEET KAUR

JUDGEMENT

(1.) PETITIONER /husband has filed the instant revision petition under Article 227 of the Constitution, assailing the order dated 6.9.2010 whereby on an application under Section 24 of the Hindu Marriage Act, filed by the Respondent wife, she has been granted maintenance pendente lite @ Rs. 2,500/ -per month.

(2.) THE Petitioner was earlier married with one Paramjit Kaur @ Lovepreet Kaur on 15.3.2000. No child was born out of the said wedlock. Ultimately decree of divorce under Section 13B of the Hindu Marriage Act was filed with the mutual consent of the parties and a decree of divorce was granted by the Addl. Distt. Judge, Barnala on 29.1.2002. Similarly, Respondent Gurmeet Kaur was also earlier married with one Sikander Singh. Said Sikander Singh and Gurmeet Kaur got divorce through Panchayat and thereafter the Petitioner and Respondent got married on 6.3.2003. Out of their wedlock two daughters were born who are stated to be in the custody of the Petitioner.

(3.) NOW coming to the question of maintenance pendente lite, which is subject matter of the instant revision petition, learned Counsel for the Petitioner has submitted that before filing the divorce petition, the parties had approached the Panchayat for a divorce and it was decided therein that besides returning all the dowry articles the Petitioner would pay a sum of Rs. 1,75,000/ -as maintenance to the Respondent wife. The aforesaid terms and conditions of the divorce were reduced into writing vide Panchayat Deed (P2) and in terms thereof, the Respondent wife had also sworn an affidavit (P3) wherein she had admitted to have received a sum of Rs. 87,5000/ -out of total maintenance of Rs. 1,75,000/ -. It is thus, contended that the aforesaid said amount of Rs. 87,500/ -be ordered to be adjusted out of the arrears of maintenance pendente lite payable to the Respondent wife. The factum of payment of Rs. 87,500/ -having been received by the Respondent wife could not be refuted by the Respondent as no material to that effect has been placed on record.