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SUKHWINDER KAUR. versus ASHWANI KUMAR.

High Court of Punjab and Haryana, Chandigarh

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Sukhwinder Kaur. v. Ashwani Kumar. - CM-92-M-2005 [2006] RD-P&H 9548 (30 October 2006)

Civil Misc.No.92-M of 2005

in

F.A.O.No.274-M of 2005.

In the High Court of Punjab and Haryana at Chandigarh.

Civil Misc.No.92-M of 2005 in

F.A.O.No.274-M of 2005.

Date of decision:7.11.2006.

Sukhwinder Kaur.

...Appellant.

Versus

Ashwani Kumar.

...Respondent.

...

Coram: Hon'ble Mr. Justice S. N.Aggarwal.

...

Present: Mr. S.K.Arora Advocate for the appellant.

Mr.Vikas Bahl, Advocate for the respondent.

...

Judgment.

S. N. Aggarwal, J.

Sukhwinder Kaur appellant was married to Ashwani Kumar respondent on 4.9.1992. Thereafter, both the parties lived as husband and wife. Three sons were born from this wed-lock. The married life of the parties did not proceed smoothly on which they parted their ways.

One son accompanied the appellant-wife while the other two sons are living with the respondent. Thereafter,the respondent-husband filed a petition for divorce on the ground of cruelty.

Civil Misc.No.92-M of 2005

in

F.A.O.No.274-M of 2005.

The petition was contested by the appellant.

The learned Lower Appellate Court accepted the divorce petition and granted divorce vide judgment and decree dated 1.6.2005.

Hence, the present appeal was filed by Sukhwinder Kaur,appellant-wife.

During the pendency of this appeal, she filed an application for maintenance. It was pleaded by her that she has no source of income. She has to maintain herself and her son. On the other hand,the respondent was earning Rs.15,000/- per month. Hence, maintenance was prayed. This application was supported by an affidavit.

Reply to this application was filed by the respondent who pleaded that he is a poor person. He is running a fruit Rehri and lives from hand to mouth. The appellant was awarded maintenance at the rate of Rs.400/- per month by the learned trial Court. The appellant owns movable and immovable property. She was also working and earning. Hence, dismissal of application was prayed.

I have heard arguments of learned counsel for the parties.

Even if the respondent is plying a fruit Rehri, he must be earning Rs.3,000/- per month. It is his legal obligation to maintain his wife and sons. The appellant was getting maintenance at the rate of Rs.400/- per month in the learned trial Court. She is, therefore, awarded maintenance at the rate of Rs.800/- per month. This order shall be effective from the date of application i.e.19.7.2005. She is also awarded Civil Misc.No.92-M of 2005

in

F.A.O.No.274-M of 2005.

litigation expenses to the tune of Rs.2,000/-.

Civil Misc.Application stands disposed of.

The file be put up on 23.1.2007 for payment of arrears of maintenance and litigation expenses.

November 7,2006. ( S. N. Aggarwal )

Jaggi Judge


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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