AMANPREET KAUR Vs. KANWALVIR SINGH KANG AND ANOTHER

JUDGEMENT

(1.) Impugned in the present revision petition is the order dated 29.11.2016 (Annexure P-12) passed by learned Addl. District Judge, Chandigarh, whereby the application filed by the wife-petitioner under section 24 of the Hindu Marriage Act, 1955 was dismissed.

(2.) Brief facts of the case are that a petition filed under section 13 of the Hindu Marriage Act, 1955 by husband-respondent No. 1 Kanwalvir Singh Kang for dissolution of marriage by a decree of divorce on the ground of cruelty and adultery is pending before the trial court. During the pendency of the said petition, the present application under section 24 of the Hindu Marriage Act, 1955 was filed for grant of maintenance pendente lite.

(3.) It is stated in the application that respondent No. 1-husband is a leading Lawyer and is practicing in the Punjab and Haryana High Court at Chandigarh. He was earlier practicing in Delhi High Court from the year 2007 and now, he is practicing in this Court since September, 2010. He is occupying a room No. 26 and having a complete staff including junior lawyers, Clerk and Stenographer. He is also practicing at Patiala Courts on Saturdays and other days fixed by the Courts. He has also employed two Drivers, one at Chandigarh and another at Patiala. He is Standing Counsel for Canadian Embassy and Y.P.S. School and his minimum income from the legal profession is Rs. 1,00,000/- per month. It is stated that respondent No. 1- husband is also having triple storied house in Patiala, named "Kanwalvir Cottage". First and second floors of which have been rented out to various tenants. Respondent No. 1-husband and his mother are also having a triple storied commercial building. One portion of which is occupied by the Oriental Bank of Commerce, one portion is being occupied by an Educational Institute and another portion is occupied by Pearl Groups. They have also shops, which are rented out. Respondent No. 1-husband and his mother own agriculture land at Village Khamano, District Fatehgarh Sahib. They have numerous bank accounts in the nature of FDRs. The petitioner-wife states that she is living with the financial assistance of her old age mother, who is retired bank employee and fetching just Rs. 1,680/- per month as family pension and a small half yearly income of Rs. 35,000/- from agriculture land inherited by her Late father S. Avtar Singh. S. Avtar Singh, Advocate, father of the petitioner-wife died on 10.11.2013. He had a fixed deposit of Rs. 6,27,000/-, which had been pledged to obtain a loan of Rs. 4,00,000/-, which was got encashed on 07.01.2016 for spending on the litigation expenses and day to day expenses. The mother of the petitioner-wife took a huge loan in January, 2015 to meet the expenditure including litigation expenses. The petitioner-wife also owned 3.5 acres of agriculture land at Village Bassi Pathana, District Fatehgarh Sahib, which has been inherited from her father, in which she is co-sharer with her mother and sister. The said property is under litigation since September, 2013. From the said property, the petitioner-wife is getting share i.e. Rs. 35,000/- per year. The father of the petitioner-wife had taken a farmer loan limit of Rs. 3,00,000/- as concessional interest. The loan is being repaid. The share of the petitioner-wife towards the loan comes to Rs. 1,12,487/-, which has been paid by her mother by encashing the FDRs in her name. The remaining amount of Rs. 16,299/- plus interest is still due. The petitioner-wife had to pay Rs. 6,000/- as her share out of the total penalty of Rs. 18,000/- imposed by the Electricity Board against her father. It is further stated that other civil and criminal litigation's are pending between the parties at Patiala, Chandigarh and Delhi Courts. Though, the petitioner-wife is well educated but due to paucity of job avenues and due to numerous litigation's, she is unable to get a suitable job at this stage.