LAWS(P&H)-1998-9-8

DEVINDER SINGH Vs. JASPAL KAUR

Decided On September 29, 1998
DEVINDER SINGH Appellant
V/S
JASPAL KAUR Respondents

JUDGEMENT

(1.) The present revision petition has been filed by Devinder Singh petitioner directed against the order passed by the learned Addl. District Judge, Sangrur, dated 21-11-1997. By virtue of the impugned order, learned Addl. District Judge awarded Rs. 1500/- per month as maintenance and Rs. 3000/- as litigation expenses to the respondent.

(2.) The relevant facts are that respondent Jaspal Kaur had filed an application under Section 24 of the Hindu Marriage Act along with Section 25 of the said Act. She had contended that she has no movable or immovable property or any other source of income to keep her soul and body together. The petitioner was stated to be running an electrician shop and earning Rs. 10,000/- per month. He is an able bodied person and the respondent claimed Rs. 5000/- per month as maintenance allowance and Rs., 8000/- as litigation expenses.

(3.) Notices of the petitioner had been issued to the petitioner. He opposed the application contending that there is no relationship of husband and wife between the parties. An objection was taken that the marriage took place on 30-7-1989. It was in contravention of the mandatory provisions of Section 5 of the Hindu Marriage Act. The marriage was declared null and void by a decree of nullity passed by the learned Additional District Judge, Patiala. The said judgment and decree has been confirmed by this Court on 25-9-1996. Furthermore, it was pointed out that the respondent had sufficient means. It was denied that the petitioner is earning Rs. 10,000/- per month.