LAWS(P&H)-2009-1-112

GURMEL SINGH Vs. JASWINDER KAUR

Decided On January 15, 2009
GURMEL SINGH Appellant
V/S
JASWINDER KAUR Respondents

JUDGEMENT

(1.) THE respondent-wife filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as "the Act") to obtain a decree of divorce against the petitioner-husband. At the trial, she also filed a plea under Section 24 of the Act for award of maintenance pendente-lite at the rate of Rs. 5000/- per month and litigation expenses of Rs. 20,000/-.

(2.) THE averment, in the course of the application was that she has always been and is still been ready and willing to reside at the matrimonial house with the petitioner-husband who had otherwise treated her with cruelty and thrown her out of the matrimonial house, in three bare clothes, on 18.4.2008 after belabouring her. She averred that the petitioner-husband is a man of means and has agriculture income from his agricultural holding of 20 acres and also has substantial income from his dairy farm wherein he tethers 20 heads of milch cattle. Qua herself she averred that she has no means of sustenance for self and her minor child and she is also not possessed of any means to defend the litigation.

(3.) LEARNED District Judge noticed that the respondent-wife had not placed any jamabandi on record to prove the extent of agricultural holding of petitioner-husband and had also not placed on record any proof to indicate that the petitioner-husband has any dairy income. The District Judge also noticed that the petitioner-husband had not placed on record any evidence to prove that the respondent-wife has income. from tailoring. By observing that petitioner-husband is an able bodied individual and is bound to maintain his resource-less wife and minor child, the learned District Judge awarded litigation expenses of Rs. 4000/- as litigation expenses and maintenance pendente-lite at the rate of Rs. 1500/- per month with effect from the date of the application.