Extracted from the PDF above. The PDF is authoritative.
FAO-1249-2025 (O&M)
117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT Gurnam Singh Esha Gill
CORAM: HON
HON
Present:- Mr. SUDHIR SINGH
Challenge in the present appeal is to the order dated passed by learned the ‘Family Court’) Marriage Act, 1955 (for short ‘ been held entitled pendente lite besides litigation expenses
2. In a respondent/wife had had no source of income, whereas, the appellant/husband being a well reputed LIC agent, was having an income month. It was further asserted that owner of various cars and other possessions. She had accordingly, amount of Rs.75,000/ expenses of Rs.1 lakh. 3. The aforesaid application had been contes appellant/husband admitting the factum of 2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of decision: Gurnam Singh versus HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR Mr. Anupam Bhardwaj, Advocate for the appellant. ***** SUDHIR SINGH, J. Challenge in the present appeal is to the order dated learned Additional Principal Judge, Family Court, Family Court’), whereby, on an application Marriage Act, 1955 (for short ‘the Act’) filed by the respondent been held entitled to an amount of Rs.20,000/ besides litigation expenses of Rs.4,400/ In a divorce petition filed by the respondent/wife had moved the aforesaid application asserting therein that she had no source of income, whereas, the appellant/husband being a well reputed LIC agent, was having an income between Rs.1.50 lakh and Rs.2 lakh per month. It was further asserted that he was living owner of various cars and other possessions. She had accordingly, amount of Rs.75,000/- per month as maintenance expenses of Rs.1 lakh. The aforesaid application had been contes appellant/husband admitting the factum of him being an LIC agent IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1249-2025 (O&M) Date of decision: March 05, 2025 ….Appellant ….Respondent SUDHIR SINGH S. JUSTICE SUKHVINDER KAUR , Advocate for the appellant. Challenge in the present appeal is to the order dated 08.01.2025 Principal Judge, Family Court, Amritsar (for short application under Section 24 of the Hindu filed by the respondent/wife, she has to an amount of Rs.20,000/- per month as maintenance of Rs.4,400/-. petition filed by the appellant/husband, the moved the aforesaid application asserting therein that she had no source of income, whereas, the appellant/husband being a well reputed between Rs.1.50 lakh and Rs.2 lakh per he was living a luxurious life and is also owner of various cars and other possessions.
She had accordingly, claimed an per month as maintenance pendente lite besides litigation The aforesaid application had been contested by the him being an LIC agent, but denied
2025 (O&M) March 05, 2025 .Appellant ….Respondent 08.01.2025 (for short under Section 24 of the Hindu she has per month as maintenance the moved the aforesaid application asserting therein that she had no source of income, whereas, the appellant/husband being a well reputed between Rs.1.50 lakh and Rs.2 lakh per a luxurious life and is also claimed an besides litigation ted by the denied MAHAVIR SINGH 2025.03.12 15:51 I attest to the accuracy and authenticity of this order/ judgment
FAO-1249-2025 (O&M)
the income of Rs.1.50 lakh – Rs.2 lakh per month. It was further asserted by him that as per ITR for 2023-24, his net income was Rs.7,89,260/- and that he had purchased car after raising a loan from the Bank. It was also pleaded that he had raised a loan of Rs.21 lakhs for construction of his house. It was further alleged that the respondent/wife had thrown him out from his own house and he was residing in a rented accommodation. 4. On the basis of the income of the appellant/husband, learned Family Court has awarded the maintenance amount to the respondent/wife, as noticed above. 5.
Learned counsel appearing on behalf of the appellant/husband has vehemently contended that the respondent/wife is living in the house owned by the appellant and it is her, who had thrown him out of his house. It is thus, argued that the respondent/wife is not entitled to any maintenance from the appellant/husband due to her own act and conduct. It is further argued that the appellant is suffering from various health ailments, and a substantial part of his income is spent in the repayment of housing loan. It is also argued that if the notice of motion is issued and the matter is referred to the Mediation and Conciliation Centre of this Court, there might be the chances of an amicable settlement.
6.
We have heard the learned counsel for the appellant and have also gone through the impugned order.
7.
Learned Family Court, while holding the respondent/wife entitled to the maintenance amount, as noticed above, has found that in total, approximately Rs.5,29,217/- stood credited in the account of the appellant for the month of August. It was further found that the respondent/wife, though, was residing in the house of the appellant, yet she had been neglected by him, and MAHAVIR SINGH 2025.03.12 15:51 I attest to the accuracy and authenticity of this order/ judgment
FAO-1249-2025 (O&M)
that, there was nothing on record to show payment of any maintenance by the appellant to her ever since he started residing separately.
8.
Learned counsel for the appellant could not show that the respondent/wife has any source of income. Even if she has been residing in the house belonging to the appellant/husband, then also, she requires some reasonable amount for her sustenance. It is settled law that at the time of adjudicating the application under Section 24 of the Act, the Court is required to take into consideration parallel sources of income of the parties. We find that the learned Family Court has taken into consideration the said aspect of the matter and has rightly passed the impugned order.
9.
In view of the above, we do not find any illegality in the impugned
order, which warrants any interference by this Court.
10.
No other point has been urged.
11.
Hence, the present appeal is dismissed.
12.
However, at this stage, it may be observed that if the appellant is ready to settle the matter amicably with the respondent/wife, it will always be open for him to seek reference of the matter pending before the learned Family Court to the Mediation and Conciliation Centre at the level of Family Court itself.
13.
Pending application(s), if any, shall stand disposed of.
(SUDHIR SINGH)
JUDGE
(SUKHVINDER KAUR)
JUDGE March 05, 2025 mahavir
Whether speaking/reasoned: Yes/No
Whether reportable:
Yes/No MAHAVIR SINGH 2025.03.12 15:51 I attest to the accuracy and authenticity of this order/ judgment