Home > Judgement > Husband cannot take shelter of the payment of the insurance policy and loan amount

Husband cannot take shelter of the payment of the insurance policy and loan amount

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Civil Revision No. 2877 of 2010

Date of Decision: September 17, 2010

Gurminder Singh.

Petitioner

Versus

Amrita Kaur

Respondent

CORAM: HON’BLE MR. JUSTICE ALOK SINGH

1. Whether reporters of local news papers may be Allowed to see judgment?

2. To be referred to reporters or not?

3. Whether the judgment should be reported in the Digest?

Present: Mr. Vishal Gupta, Advocate, for the petitioner.

Mr. Raman Mahajan, Advocate,

for the respondent.

Alok Singh, J.

Present petition is filed by the husband-petitioner challenging the order dated 08.04.2010 passed by the learned Additional District Judge, Mohali, thereby allowing the application moved by the wife-respondent under Section 24 of the Hindu Marriage Act, directing the husband-petitioner C.R.2877 of 2010 2 herein to pay Rs.15,000/- per month to the applicant-wife from the date of application as maintenance pendente-lite and also to pay Rs.6600/- towards litigation expenses. Learned counsel for the petitioner vehemently argued that although the gross salary of the petitioner- husband is Rs.30,000/- per month, however, after deductions of PPF, it comes to Rs.25,586/- per month and petitioner- husband is paying installments amounting to Rs.5450/- per month and is also paying rent of the accommodation to the tune of Rs.3,000/- per month and paying insurance premium amounting to Rs.4,000/- per month, hence, he is getting only Rs.12,500/- per month, thus, the petitioner husband is not in a position to pay Rs.15,000/- per month to the wife- respondent. It is further argued by the learned counsel for the petitioner that wife-respondent is a well educated lady and was earlier employed as Deputy Manager with HDFC Bank and was earning Rs.30,000/- per month and now also she is doing some private job earning handsome amount. It is further argued that the car purchased by the husband- petitioner from his savings i.e. Hyundai I-10 is with the respondent wife and is in her custody and she is illegally using the same and FDRs to the tune of Rs. three lacs drawn in the name of the respondent wife out of the amount withdrawn from the account of the petitioner, is in the custody of the wife.

C.R.2877 of 2010 3 Learned counsel for the respondent states that at present, wife-respondent is not doing any job and although FDRs of Rs.three lacs made by the petitioner is in the custody of the wife, however, it is the duty of the husband petitioner to pay maintenance as per the status of the family to the wife as well as to the minor child who is with the wife. Having considered totality of the circumstances and after taking consideration that there is a cut off PPF from the salary of the petitioner and he is paying the house rent, hence, I find that total income would be approximately Rs.22,000/- per month and the petitioner husband cannot take shelter of the payment of the insurance policy and loan amount. Considering the total facts and circumstances of the case, this Court feels that instead of Rs.15,000/- per month maintenance pendente-lite should be at the rate of Rs.12,000/- per month. The impugned order shall stand modified to that extent.

Petition shall stand disposed of accordingly. September 17, 2010 ( Alok Singh ) vkd Judge

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Categories: Judgement
  1. September 20, 2010 at 6:17 pm

    incentive to wife.

    Leave your husband and earn 12,000 per month that too without working.

    Treating women inferior to men was never an objective of feminism and most of some septuagenarian sex-starved judges.

    I think people should judge judiciary.

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