MANJEET SINGH Vs. GURMEET KAUR

JUDGEMENT

(1.) THIS revision petition has been filed against an order passed by the learned Additional District Judge, (ad-hoc) Patiala granting maintenance at the rate of Rs. 4000/- per month and litigation expenses amounting to Rs. 6000/-.

(2.) THE respondent-wife had claimed that the petitioner is a man of means and is a big landlord and therefore, she was entitled to maintenance at the rate of Rs. 10,000/- per month and litigation expenses of Rs. 20,000/-. The said petition was contested by the husband-petitioner on the ground that the wire has a source of income as her previous husband had made a payment of Rs. 6 lacs to her at the time of granting of divorce.

(3.) LEARNED counsel for the petitioner challenged the said order on the ground that the learned court below had not taken into consideration the capacity of the husband to pay and the finance available with the respondent while granting maintenance. The contention of the learned counsel for the petitioner was that as the learned court below has not given any assessment of income and therefore, the order passed cannot be sustained. In support of his contention the petitioner placed reliance upon a judgment of Hon'ble Supreme Court in case Jasbir Kaur Sehgal v. The District Judge, Dehradun 1997 (4) RCR (Civil) 65. He relied on para No. 8 of the said judgment which reads as under :