LAWS(P&H)-1999-8-194

MANJIT SINGH Vs. SURINDER PAL KAUR AND OTHERS

Decided On August 05, 1999
MANJIT SINGH Appellant
V/S
SURINDER PAL KAUR AND OTHERS Respondents

JUDGEMENT

(1.) In suit filed by Surinder Pal Kaur and her children as an indigent persons in the Court of Additional Civil Judge, Senior Division, Muktsar against husband/father Manjit Singh, the learned Additional Civil Judge, Senior Division, Muktsar allowed interim maintenance @ Rs. 1200.00 per month to Surinder Pal Kaur and to the time of Rs. 600.00 per month each to the children payable from the date of its institution. It was alleged by Surinder Pal, Kaur in Support of her prayer for the grant of interim maintenance to her and her children that her husband is SDO in the Irrigation Department of the State of Punjab drawing handsome remuneration. He owns 8 acres of agricultural land in his own name. Besides, there is land in the name of his parents which he is looking after being their only son. He is deriving income from; the agricultural land.

(2.) Manjit Singh contested her claim urging that she is not an indigent person. She is owning a maruti car which she is using as taxi and earning. Besides, she is an educated lady carrying on the profession of teaching. She is possessed of sufficient gold.

(3.) Learned counsel for the petitioner submits that interim maintenance could not have been allowed to the wife and her children when she had not been adjudged as an indigent and till there was an adjudication on her prayer for being permitted to sue as an indigent person, no interim maintenance could have been allowed. It was submitted that allowing interim maintenance on 10.8.96 was premature.