Samir Kumar Dass v. Sunita Dass

CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Ms.Harmanpreet Kaur, Advocate for the petitioner. Mr.Gaurav Sethi, Advocate for the respondent. Jaswant Singh,J(Oral). Husband/petitioner has filed the instant revision petition under Article 227 of the Constitution of India challenging the order dated 20.10.2010 (P3) whereby the application under Section 24 of the Hindu Marriage Act moved by the respondent/wife was allowed and she was granted maintenance pendente lite @ Rs.5000/- per month besides litigation expenses of Rs.10,000/-. It is submitted by the learned counsel for the petitioner that petitioner does not have any source of income and he is idle. I find no merit in the submission made by the learned counsel for the petitioner, which has already been considered by the Civil Revision No.7751/2010 2 learned trial court. The respondent/wife in the application had stated that petitioner is running a sweet shop. The said application was supported by an affidavit of the respondent. In reply thereto, the petitioner had only stated that the said shop was being run by his father. The learned trial court thus rightly inferred that petitioner belongs to rich family and living in good reputation. That apart, it is not disputed that the petitioner is an able bodied man and legally and morally bound to maintain his wife and minor child. Thus, in my opinion, no fault can be found with the maintenance granted by the learned trial court. For the reasons stated above, finding no merit in this revision petition the same is hereby dismissed.

1.3.2011. (Jaswant Singh) Judge