SANDEEP KAUR Vs. PARMINDER SINGH

JUDGEMENT

(1.) The respondent has filed a petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') for dissolution of marriage. The petitioner also filed an application, during the pendency of the said petition, under Section 24 of the Act for maintenance and litigation expenses. The application has been allowed by the learned Trial Court vide its order dated 17.4.2014 granting only the maintenance pendente lite to the tune of Rs. 15,000 per month from the date of filing of the petition. Aggrieved against the said order, the petitioner has preferred this petition in which notice of motion was issued on 16.7.2014. Thereafter, the respondent has put in appearance on 18.11.2014. He admitted before this Court that he owns 35 acres of land and is sowing two crops of wheat and cotton but is not aware as to what is the total output. Accordingly, he was asked to file an affidavit to disclose his income per year from the agricultural land and other sources.

(2.) Accordingly, the respondent has filed his affidavit dated 3.12.2014 in which he has alleged that he does not have any other source of income except from the agricultural land and had moved an application dated 25.11.2014 to the Sub-Tehsildar, Kalanwali, District Sirsa for the assessment of his income from the agricultural land. It is further alleged that the said application has been marked to Halqa Patwari who has reported that as per jamabandi for the year 2011-12, the respondent is the owner of 39 acres 3 kanals of land and his income is approximately Rs. 10,00,000 per annum.

(3.) Counsel for the respondent has submitted that he is irrigating the land from minor canal which is also at the fag end and it is operational only for 15 days in a month. Thus, the land owned by him is not fit for irrigation. It is also alleged in his affidavit that he had to spent Rs. 3,00,000 towards labour, diesel, seeds, pesticides, etc. and thus the overall income of the respondent is Rs. 7,00,000 per annum.