Parminder Kaur vs Akhtiar Singh

A.N. Jindal, J.—Vide impugned order dated 29.10.2009, Additional District Judge (Adhoc), Fast Track Court, Ludhiana awarded maintenance pendente lite to the Petitioner at the rate of Rs. 1500/-per month in an application u/s 24 of the Hindu Marriage Act filed in the proceedings u/s 13 of the said Act.

The Petitioner Parminder Kaur (herein referred as `the Petitioner'') has claimed maintenance to the tune of Rs. 20,000/-per month on account of maintenance pendente lite and Rs. 11,000/-as litigation expenses, while pleading that she is an old lady having no movable or immovable property or any other source of income, is unable to maintain herself. The Respondent Akhtiar Singh (herein referred as `the Respondent'') countered the application stating that the Petitioner had entered into a compromise on 14.9.2005, wherein, she had admitted that she would bear all the expenses for obtaining the decree of divorce, but now she has started claiming maintenance. It is further pleaded that actually she was given huge movable and immovable property at the time of family settlement. He himself being an old person is not in a position to maintain himself. So far as the brick-kiln is concerned, he had to sell the same and even his residential house to pull on his own life and at present he is penniless. The Trial Court while accepting the application fixed the maintenance @ 1500/-per month and litigation expenses to the tune of Rs. 3000/-.

Heard.

No specific evidence has been led in order to prove the income of the Respondent during the pendency of the application before the Trial Court. However, now the Petitioner has brought on record a copy of the Income Tax Return of the Respondent for the year 2009-2010, which indicates that the annual aggregate income of the Respondent is Rs. 1,48,908/-. The date of birth of the Respondent shown in the Income Tax Return is 25.12.1949. There is no specific denial to the fact that the Petitioner was also given movable and immovable property by the Respondent in a family settlement, therefore, she might be getting some income from the said property as well. In any case, as per the Income Tax Return of the Respondent, produced by the Petitioner and also keeping in view the circumstances that the Petitioner is an old woman and she needs money to pull on her own life and also the fact that no old person can survive with a meager amount of Rs. 1500/-per month, some enhancement is warranted.

Hence, the revision petition is accepted and the impugned order is modified to the extent that the Petitioner is entitled to Rs. 3000/-per month as maintenance pendente lite. However, the amount received by her, over and above, the amount of Rs. 3000/-per month from the Respondent, under the orders dated 11.10.2010 would not be adjusted.