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2025 DAILYLAW 87108 (PNJ)

MAJOR SINGH v. SUKHWINDER KAUR

FAO/4751/2025 · 2025-08-04

body2025

Judgment text

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FAO-4751-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT Major Singh Sukhwinder Kaur CORAM: Present: GURVINDER SINGH GILL, J. 1. Appellant – Additional Principal Judge, Family Court, Ajnala (Camp Court) while accepting an application under Section awarded interim maintenance at the rate of Rs.5000/ of filing of application. 2. The matter arises out of a petition under Section filed by respondent primarily on the ground that she was aged her marriage and had been forcibly married off by his uncle & aunt to appellant – and that the said facts were never disclosed to her. Another ground raised therein is cruelty bein moved an application seeking grant of interim maintenance averring therein that she was unable to maintain herself and was dependent upon her parents for her upkeep. earning Rs.30,000/ 2025 (O&M) ( 1 ) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4751- Date of Decision: Major Singh Versus Sukhwinder Kaur HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MRS. JUSTICE RUPINDERJIT CHAHAL Ms. Swati Verma, Advocate, for the appellant. GURVINDER SINGH GILL, J. – Major Singh assails order dated 18.10.2024 vide which learned Additional Principal Judge, Family Court, Ajnala (Camp Court) while accepting an application under Section 24 awarded interim maintenance at the rate of Rs.5000/ of filing of application. The matter arises out of a petition under Section filed by respondent – Sukhwinder Kaur seeking primarily on the ground that she was aged her marriage and had been forcibly married off by his uncle & aunt to Major Singh, who was aged about 45 years and was a divorcee and that the said facts were never disclosed to her. Another ground raised therein is cruelty being met out to respondent moved an application seeking grant of interim maintenance averring therein that she was unable to maintain herself and was dependent upon her parents for her upkeep. While respondent/wife alleged earning Rs.30,000/- per month by selling milk, the appellant/husband in his IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -2025 (O&M) Date of Decision: 04.08.2025 …Appellant ...Respondent HON'BLE MR. JUSTICE GURVINDER SINGH GILL RUPINDERJIT CHAHAL for the appellant. assails order dated 18.10.2024 vide which learned Additional Principal Judge, Family Court, Ajnala (Camp Court) while 24 of the Hindu Marriage Act has awarded interim maintenance at the rate of Rs.5000/- per month from the date The matter arises out of a petition under Section 13 of the Hindu Marriage Act Sukhwinder Kaur seeking dissolution of her marriage primarily on the ground that she was aged barely 15/16 years at the time of her marriage and had been forcibly married off by his uncle & aunt to Major Singh, who was aged about 45 years and was a divorcee and that the said facts were never disclosed to her. Another ground raised g met out to respondent/wife. Respondent/wife also moved an application seeking grant of interim maintenance averring therein that she was unable to maintain herself and was dependent upon her parents lleged that the appellant/husband was per month by selling milk, the appellant/husband in his assails order dated 18.10.2024 vide which learned Additional Principal Judge, Family Court, Ajnala (Camp Court) while of the Hindu Marriage Act has m the date of the Hindu Marriage Act dissolution of her marriage at the time of her marriage and had been forcibly married off by his uncle & aunt to Major Singh, who was aged about 45 years and was a divorcee and that the said facts were never disclosed to her. Another ground raised also moved an application seeking grant of interim maintenance averring therein that she was unable to maintain herself and was dependent upon her parents was per month by selling milk, the appellant/husband in his VIMAL KUMAR 2025.08.06 11:33 I attest to the accuracy and integrity of this document FAO-4751-2025 (O&M) counter affidavit rat Rs.10,000/- Bhandari. 3. The Family Court while assessing the income of the appellant/husband being an able bodied person between Rs.15,000/ interim maintenance at the rate of Rs.5000/ 4. Learned counsel for the appellant/hu maintenance awarded by the Family Court is on the higher side given the fact that the respondent/wife herself was earning Rs.10,000/ 5. There is nothing that the respondent/wife herself was earning Rs.10,000/ case, the appellant being an able bodied person can safely be said to be earning at least Rs.15,000/ observed by the said observation. monthly interim maintenance at the rate of R said to have committed any error. The on the excessive side so as to warrant any interference. 6. Consequently, we do not find any infirmity in the impugned order same is hereby upheld. hereby dismi 04.08.2025 Vimal 2025 (O&M) ( 2 ) counter affidavit rather took a stand that respondent/wife herself was earning - per month by doing household work in the house of one Jaidev The Family Court while assessing the income of the appellant/husband being an able bodied person between Rs.15,000/ interim maintenance at the rate of Rs.5000/- Learned counsel for the appellant/husband submitted that the monthly interim maintenance awarded by the Family Court is on the higher side given the fact that the respondent/wife herself was earning Rs.10,000/ There is nothing on record to substantiate the stand of the that the respondent/wife herself was earning Rs.10,000/ case, the appellant being an able bodied person can safely be said to be earning at least Rs.15,000/- - Rs.18,000/- observed by the Family Court. We do not find any reason to differ with the said observation. Under these circumstances, the trial Court having awarded monthly interim maintenance at the rate of R said to have committed any error. The quantu on the excessive side so as to warrant any interference. Consequently, we do not find any infirmity in the impugned order same is hereby upheld. Finding no merit in the instant appeal, the same is hereby dismissed. (GURVINDER SINGH GILL (RUPINDERJIT CHAHAL Whether speaking/reasoned: Whether reportable: er took a stand that respondent/wife herself was earning per month by doing household work in the house of one Jaidev The Family Court while assessing the income of the appellant/husband being an able bodied person between Rs.15,000/- - Rs.18,000/- awarded monthly - per month. sband submitted that the monthly interim maintenance awarded by the Family Court is on the higher side given the fact that the respondent/wife herself was earning Rs.10,000/- per month. on record to substantiate the stand of the appellant/husband that the respondent/wife herself was earning Rs.10,000/- per month. In any case, the appellant being an able bodied person can safely be said to be - per month, as has been rightly Family Court. We do not find any reason to differ with the Under these circumstances, the trial Court having awarded monthly interim maintenance at the rate of Rs.5000/- per month cannot be quantum certainly cannot be said to be on the excessive side so as to warrant any interference. Consequently, we do not find any infirmity in the impugned order and the Finding no merit in the instant appeal, the same is GURVINDER SINGH GILL) JUDGE RUPINDERJIT CHAHAL) JUDGE Yes/No Yes/No er took a stand that respondent/wife herself was earning per month by doing household work in the house of one Jaidev The Family Court while assessing the income of the appellant/husband being awarded monthly sband submitted that the monthly interim maintenance awarded by the Family Court is on the higher side given the fact appellant/husband per month. In any case, the appellant being an able bodied person can safely be said to be per month, as has been rightly Family Court. We do not find any reason to differ with the Under these circumstances, the trial Court having awarded per month cannot be m certainly cannot be said to be and the Finding no merit in the instant appeal, the same is VIMAL KUMAR 2025.08.06 11:33 I attest to the accuracy and integrity of this document