KULWANT SINGH Vs. BALWINDER KAUR

JUDGEMENT

(1.) Where substantive proceedings for grant of maintenance are filed under the provisions of Section 18 and 20 of Hindu Adoption and Maintenance Act, 1956 (hereinafter referred to as the Act) there, does the Courts have power to grant maintenance pendente lite in absence of any specific provisions in that behalf, is the precise and pertinent question that falls for determination in the present revision petition.

(2.) Ms. Balwinder Kaur was married to Kulwant Singh on 6.12.1981 according to Sikh rites. From this marriage Vikramjit Singh and Sukhdeep Kaur, minors were born. According to Balwinder Kaur, Kulwant Singh's attitude towards her as well as the minor children was unhappy and unhealthy. He used to drink and beat her on various occasions and even turned her out of matrimonial home. She made all possible attempts with the intervention of the friends and well wishers to settle the matrimonial home and sink down the differences but of no consequences. Rather the atmosphere in the matrimonial home kept on getting bad to worse and it was adversely affecting even the growth and welfare of the minor children. Per force she has to join her parental home alongwith two minor children whom she put in the school there. Son was studying in the 3rd standard while living with her mother. She has stated that she has no source of income to maintain herself and her children. Kulwant Singh has landed property and other source of income. Thus, she filed a petition under Section 18 read with Section 20 of the Act for grant of maintenance Rs. 1,000/- per month to each of the plaintiff.

(3.) This petition was contested by the husband, who filed the written statement denying the allegations of drinking and beating and also stated that he never turned the wife and the children out of the matrimonial home. He averred that the wife had left the house at her own and in fact she had been demanding a sum of Rs. 50,000/- from him. According to him, the attempts to bring her back have failed. He stated that she is not entitled to any maintenance. The wife is stated to have 1/6th share in the landed property situated at Village Khanwal and in support of this assertion he has placed a copy of the jamabandi on record. In the entire land she has 6 kanals and 2 marlas of land.