IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.R. No. 393 of 2011

Date of decision: 9.5.2011

Om Dutt

…

Petitioner

versus

Usha Devi

…

Respondent

CORAM:

HON’BLE MR. JUSTICE ARVIND KUMAR

Present:

Mr. Ravinder Malik, Advocate

for the petitioner

Mr. Suresh Saran, Advocate,

for the respondent

...

ARVIND KUMAR, J:

The present petitioner is the husband. He has filed

divorce petition under Section 13 of the Hindu Marriage Act titled as Om

Dutt v. Usha Devi. During the pendency of the said petition, respondent-

wife filed an application under Section 24 of the Act ibid for grant of

maintenance pendente-lite. There are two children out of the wed-lock. The

Court below vide order dated 16.11.2010 has fixed maintenance pendente-

lite, i.e. Rs.3500/- per month to the wife and Rs.2000/- and Rs.1500/-

respectively to both the children. Besides this, a sum of Rs.3500/- was

granted as litigatin expenses. Hence, the present revision by the husband.

The main stress of the petitioner-husband is that both the

children are residing with him and as such, respondent-wife is not entitled to

maintenance on their behalf. The statements of the children, namely,

Deeksha and Rajat were recorded on 27.1.2011 wherein they stated that they

are living with their father and he is maintaining them and that they do not

require any maintainance. In view of these statements by the children,

counsel for the respondent-wife concedes that the respondent-wife is not

entitled to the maintenance so granted to the children by the Court below.

In view of the above, the present revision petition is

partly allowed and the impguned order to the extent it grants maintenance to

C.R. No. 393 of 2011

-2-

both the children is set aside. As a result thereof, only the respondent-wife

would be entitled to maintainance pendente lite at the rate of Rs.3500/- per

month from the date of application, along with litigation expenses.

The revision petition stands disposed of accordingly.

May 9, 2011

( ARVIND KUMAR )

JS

JUDGE