Civil Revision No. 2621 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 2621 of 2009 Date of decision : 8.1.2010 Rajinder Kumar .....Petitioner Versus Shifali and Sita Devi ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. D.S.Rajput, Advocate for the petitioner Mr. P.S.Sekhon, Advocate for the respondent. S. D. ANAND, J. In compliance with the order dated 18.11.2009 passed by a Coordinate Bench (Sabina J.) of this Court, the parties have appeared in person. Though the wife is inclined to accompany the husband unconditionally, the petitioner-husband has apparent reservation on a grievance that she had emotionally and physically tortured him for about a decade. The noticing of respective inclination of the parties would not be taken to be indicative of any expression of opinion on the merits thereof by this Court. In the course of the order appealed against, the learned Trial Judge observed that the petitioner-respondent, though an income tax assessee had not placed copy of income tax return on the file. It is stated at the bar on behalf of the petitioner that the relevant income tax documentation Annexure P-9 was available on the record of the learned Trial Court but it appears to have escaped notice of the learned Court at the time of consideration of the plea under Section 24 of the Hindu Civil Revision No. 2621 of 2009 -2- **** Marriage Act. It is the plea on behalf of the respondent-wife that the petitioner-respondent is a partner in as many as three firms and his income therefrom had not been taken into consideration. The petition is disposed of with a direction to the learned Trial Court to dispose of plea under Section 24 of the Hindu Marriage Act afresh after allowing the parties to place on record whatever relevant documentation they want to in the context of their respective pleas under Section 24 of the Hindu Marriage Act. In order to enable the respondent- wife to tide over the hardship she may have to face on account of the delayed disposal of the plea under Section 24 of the Act, it is ordered that the petitioner-husband shall pay a sum of Rs.10,000/- to her on 21.1.2010 which (amount) shall be otherwise adjustable towards the amount to which she is ultimately held to be entitled. The parties, who are present in Court, are directed to appear before the learned Trial Court on 21.1.2010. They will be entitled to either appear in person or cause their representation through their counsel. The Trial Court shall dispose of the plea under Section 24 of the Hindu Marriage Act afresh within a fortnight from 21.1.2010. January 8, 2010 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter : Yes/No