Civil Rev. 6134 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 6134 of 2008 Date of decision: 11.9.2009 Vijay Kumar Petitioner vs Meenu Sharma @ Pooja Respondent Present Mr. Raman Mohinder, Advocate Mr. Rohit Goel, Advocate for Mr. Nandan Jhingan, Advocate. M.M.S.BEDI,J. The petitioner has challenged order dated 2.8.2008 passed by the learned Judicial Magistrate Ist Class, Sangrur allowing the application u/s 24 of the Hindu Marriage Act filed by the respondent in a petition u/s 9 of the said Act, filed by the petitioner for restitution of conjugal rights. A sum of Rs.2000/- per month has been awarded as maintenance pendente lite with litigation expenses as Rs.2500/- to the respondent. The petitioner had been working as a Lecturer in DAV College, near Mehlan Chowk, Sangrur. It is an admitted fact that this is the second marriage of both the parties. A copy of the termination order has been placed on record besides informing that the petitioner is a patient of chronic renal failure and that he has to remain under dialysis once in a week, as such he has to spent a lot of money on his treatment. Learned counsel for the petitioner has informed that even at present, the petitioner is on bed on account of the ailment of his kidneys. Learned counsel for the respondent has not been able to contradict the ailment. In normal circumstances, there is a very limited Civil Rev. 6134 of 2008 2 scope for interference by the High Court while exercising revisional jurisdiction in an order pertaining to maintenance pendente lite but in circumstances where the husband is not enjoying a good health and has to remain on dialysis on account of chronic renal failure, indulgence can be shown on compassionate ground. No opinion is expressed whether the services of the petitioner have been terminated or that he at present is out of job. It has also been informed that the respondent is also working as a Clerk-cum-Accountant in a College and is capable of looking after herself. In order to establish the said fact, Annexure P-7, the statement of the respondent, made in a private complaint, has been relied upon. Taking into consideration the totality of the circumstances and considering the case of the petitioner on compassionate ground, order dated 2.8.2009 is hereby modified and the amount of maintenance is reduced from Rs.2000/- per month to Rs.750/- per month w.e.f. from the date of the order of the lower court.,however, the litigation expenses of Rs.2500/- will remain the same. The trial court is directed to decide the application u/s 9 of the Hindu Marriage Act within a period of six months after the receipt of a certified copy of this order. It is made clear that in case the petitioner is not able to pay the maintenance pendente lite, the said amount can be recovered by the respondent by filing a separate application for execution but the trial court will not defer the proceedings u/s 9 of the Hindu Marriage Act in such circumstances. The petition stands disposed of in the above terms. September 11 ,2009 ( M.M.S.BEDI ) TSM JUDGE