Minakshi v. Virender Singh Gill
Case at a glance
Outcome
Disposed of
The revision petition stands disposed of accordingly
Provisions considered
- Hindu Marriage Act, 1955 s. 24
Judgment
Shri U.K. Agnihotri, Advocate, for the petitioner Shri Tarun Gupta, Advocate, for the respondent HEMANT GUPTA, J. The challenge in the present revision petition is to the order passed by the learned trial Court on 28.07.2005 whereby a sum of Rs.2800/- was awarded as maintenance pendente lite and Rs.5000/- as litigation expenses. It is contended by learned counsel for the petitioner that total salary of the respondent is Rs.15127/- as per last pay certificate dated
Operative part
27.05.2005. After the said amount, voluntary deduction of Rs.5000/- on account of GPF is reflected which cannot be taken into consideration for determining the disposable income in the hands of the respondent. Learned counsel for the respondent has submitted that the respondent is paying monthly fee as well as hostel expenses of the daughter and, therefore, the amount of maintenance has been justly awarded to the petitioner. Civil Revision No. 5990 of 2005 [2] After hearing learned counsel for the parties, I am of the opinion that the amount of maintenance awarded to the petitioner is inadequate. The general rule of awarding maintenance is 1/3rd of total salary. But keeping in view the statement of learned counsel for the respondent that he is paying monthly fee as well as hostel expenses of the daughter of the parties, though deposit of fee and hostel expenses is disputed by the petitioner, I deem it appropriate to award a sum of Rs.4000/- per month as maintenance pendente lite to the petitioner. Such amount shall be payable from the date the application under section 24 of the Hindu Marriage Act, 1955, was filed before the learned trial Court. The arrears shall be paid within three months from today. It is clarified that such order of maintenance is subject to the condition that the respondent shall deposit monthly tuition fee and hostel expenses of the daughter of the parties. The revision petition stands disposed of accordingly. August 29, 2006 ( HEMANT GUPTA ) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The revision petition stands disposed of accordingly
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955 — s. 24.
Which court decided this case, and when?
Punjab & Haryana High Court, on 29 Aug 2006. The bench was HEMANT GUPTA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.