BAHADUR SINGH Vs. GURMAIL KAUR

JUDGEMENT

(1.) This appeal has arisen from the judgment and decree dtd. 2/8/2016 passed by the Family Court, Barnala by which suit filed by respondent-wife under Order 33 Rule 1 and 2 of the CPC has been partly decreed for recovery of maintenance allowance @ Rs.6,000.00 per month from the date of filing of the suit i.e. 10/4/2007 by creating the charge over the suit property, after adjusting the said amount of sale consideration of Rs.4,16,000.00 plus Rs.70,000.00 equal to Rs.4,86,000.00 already received by the respondent from the appellant and also restraining the appellant from alienating the suit property in any manner.

(2.) In brief, the respondent herein filed a suit under Order 33 Rule 1 and 2 of the CPC as an indigent person for recovery of maintenance from the appellant-husband for herself and her daughter. The marriage of appellant was solemnized with the respondent in the year 1976 as per Hindu Rites by way of Anand Karaj. They were blessed with a daughter on 10/7/1977 later on named as Bhuro @ Rajvinder Kaur whose marriage was solemnized in the year 1995 with one Lakhbir Singh son of Jarnail Singh resident of Amla Singh Wala.

(3.) The respondent has alleged that the appellant had been treating her with cruelty as he had always desired a son and she was thrown out from her maternal house about seven years back from the date of filing of the suit. He had performed second marriage with one Gurpreet Kaur daughter of Leela Singh resident of Ubhawal without seeking divorce from her. It is further alleged that the respondent is living separately in the same village and has no source of income or immovable property to maintain herself. It is also alleged that she has brought Veer Pal Kaur, minor daughter of her daughter for her company and is bearing her expenses as she is studying in 7th standard in the same village on which she has been incurring an amount of Rs.7,500.00 per month. It is further alleged that the appellant is the owner of the agricultural land from which he is earning not less than Rs.1,00,000.00 per annum besides this the appellant is also engaged in property dealing business from which he is earning Rs.1,00,000.00 per annum and therefore, being in sound financial position to pay Rs.10,000.00 per month as maintenance.