MANMOHAN SINGH Vs. HARJAP KAUR

JUDGEMENT

(1.) Defendant/father (petitioner herein) has filed the present revision petition under Article 227 of the Constitution assailing the order dated 27.4.2011 (P1) whereby application under Order 6 Rule 17 CPC for amendment of the plaint filed by the plaintiff/daughter (respondent herein) has been allowed.

(2.) Briefly noticed the facts of the present case are that plaintiff/daughter-Harjap Kaur filed a suit on 6.12.2004 against defendant/father-Manmohan Singh under Section 20 read with Section 25 of the Hindu Adoption and Maintenance Act,1956 for the grant of additional maintenance to her to defray her marriage expenses. It was alleged by her that defendant-Manmohan Singh married Smt.Sukhwinder Kaur on 17.1.1982. Out of the said wedlock, plaintiff-Harjap Kaur and younger sister of the plaintiff namely Prabhjab Kaur were born on 28.10.1983 and 11.1.1988 respectively. It is alleged that defendant was desirous of getting a male child out of the said wedlock but since no male child was born, defendant started subjecting his wife (mother of the plaintiff-Harjap Kaur) to physical and mental cruelty and in 1990 he went to UK on the pretext of work. It was further alleged that from UK the defendant shifted to Canada in 1992 and returned back to India only in January 2004. It was further alleged that before going to UK in September 1990, defendant father- Manmohan Singh under an oral family settlement gave his wife (plaintiff's mother) right to enjoy the fruits of share in the land held in the name of the defendant and his brothers towards her maintenance. Since the income from the land was not sufficient to meet the daily needs of the plaintiff, her mother and younger sister, a maintenance suit under Sections 18,20 and 25 of the Hindu Adoption and Maintenance Act,1956 was filed by the mother of the plaintiff-Harjap Kaur for herself and on behalf of the plaintiff and her younger sister. The said suit was decreed vide judgement and decree dated 24.9.2003 passed by learned Civil Judge (Junior Division) Ludhiana and the plaintiff, her mother and younger sister were held entitled to the maintenance of Rs.7500/- per month. In addition to that a charge was created on the said land, restraining the defendant-Manmohan Singh from alienating the suit land. It was then alleged that plaintiff-Harjap Kaur has become of marriageable age and her marriage has been settled with one Jotinder Singh and the Anand Karaj were fixed for 29.12.2004. With these averments a decree for additional maintenance to the plaintiff to defray her marriage expenses was prayed for.

(3.) Defendant/father filed written statement dated 2.9.2006 alleging that the marriage of the plaintiff was solemnised on 29.12.2004 and she had left for Australia alongwith her husband in the year 2005 and as such the suit has become infructuous. It was further alleged that he had been sending sufficient amount for the maintenance of his wife and children. It was also alleged that the amount of Chakota which is being realised by the mother of the plaintiff is sufficient for defraying the expenses of the plaintiff and her mother and her sister and that his wife was in a position to perform the marriage of the plaintiff on 29.12.2004. The defendant had also alleged that his wife was earning an income of Rs.20,000/- per month by running a Fashion Boutique.