CR No.1309/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.1309/2011 Date of decision: 14.11.2011. Bakhsheesh Kaur ....................Petitioner v. Surinder Kumar .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.AS Gill,Advocate for the petitioner Mr.JS Lalli,Advocate for the respondent. Jaswant Singh.J.(Oral) Petitioner-wife has filed the instant revision petition under Article 227 of the Constitution for modifying the order dated 10.11.2010 (P5) passed by learned Additional District Judge, Jalandhar, whereby in the divorce petition under section 13 of the Hindu Marriage Act (for short the Act) filed by the respondent- husband, petitioner-wife was granted maintenance pendente lite @ Rs.1000/- per month. It is apparent that marriage between the parties was solemnised on 7.5.1998, Out of the said wedlock two children were born out. Due to temperamental differences, respondent-husband filed a divorce petition under Section 13 of the Act on the grounds of cruelty CR No.1309/2011 2 and desertion. During the pendency of the divorce petition, on 28.4.2010 petitioner-wife filed an application under Section 24 of the Act for grant of maintenance pendente lite and litigation expenses. It was averred by her that she had no source of income and was fully dependent on her parents, who themselves were not in a condition to maintain them properly. It was further the case of the petitioner-wife that the respondent husband was working in Dubai as a trained Driver and his monthly income was not less than Rs.50,000/- per month and at the same time he had no other liability except to maintain the applicant- petitioner wife and their minor children. The said application was contested by the respondent husband by denying to be working as a driver or his monthly income to be Rs.50,000/- or that the applicant- petitioner wife had no source of income, rather it was alleged that he was working in Dubai as a labourer and the petitioner-wife was doing tailoring job and earning handsome amount which was sufficient to maintain herself. It was also the case of the respondent-husband that besides minor children he was also to maintain his old parents. The learned Additional District Judge, after hearing both sides fixed the maintenance pendente lite @ Rs.1000/- per month. Hence the present revision petition. It would also be relevant to mention here that the respondent-husband withdrew the petition under Section 13 of the Act vide order dated 6.12.2010. It is submitted by the learned counsel for the petitioner-wife that the learned court below while fixing the amount of maintenance CR No.1309/2011 3 pendente lite @ Rs.1000/- per month has ignored the fact that respondent-husband is working at Dubai, and that the amount of maintenance pendente lite granted is not sufficient to maintain the petitioner-wife. On the other hand, the learned counsel for the respondent-husband has stated that the respondent is working at Dubai as a labourer and as such the amount of maintenance pendente lite granted is sufficient. After hearing both sides, in my considered opinion, the impugned order dated 10.11.2010 requires to be modified. It is not denied that the petitioner is married wife of respondent. It is also not disputed that respondent is working at Dubai. In order to establish that respondent is working as a Labourer at Dubai or that his monthly income is less than Rs.50,000/- per month, he has not produced any material on record. Thus, it would be safe to draw an adverse inference against him qua his job at Dubai and his monthly income. Furthermore, keeping in view the prevailing inflation it cannot be, by any stretch of imagination, said that Rs.1000/- is sufficient for an adult to make both ends meet. In my opinion, a sum of Rs.3000/- per month would be reasonable amount which should have been awarded in this case. Accordingly the present revision petition is allowed, impugned order dated 10.11.2010 (P5) is modified and it is held that the respondent husband would be liable to pay Rs.2000/- per month, over and above the amount of maintenance pendente lite fixed by the learned Addl.Distt.Judge, Jalandhar. As already noticed above the CR No.1309/2011 4 application under Section 24 of the Act was filed on 28.4.2010 and the petition under Section 13 of the Act was withdrawn by the respondent husband on 6.12.2010. Thus, the respondent husband would be liable to pay increased maintenance pendente lite for eight months which comes to Rs.16,000/- (i.e. Rs.2000/- per month x 8 month). The enhanced amount of maintenance pendente lite shall be paid by the respondent husband to the petitioner wife within three months from today. Disposed of accordingly. 14.11.2011 (Jaswant Singh) joshi Judge