CR No.5742 of 2012 (O&M) and

CR No.370 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

1.

CR No.5742 of 2012 (O&M)

Kuldeep Singh

..... Petitioner

Versus

Mrs. Seema Singh and another

... Respondents

2.

CR No.370 of 2013 (O&M)

Seema Singh and others

..... Petitioners

Versus

Kuldeep Singh

... Respondent

Date of Decision: 22.05.2014

CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA

Present:

Mr. S.K. Garg Narwana, Sr. Advocate,

with Mr. Naveen Gupta, Advocate,

for the petitioners in CR No.370 of 2013

for respondent No.1 in CR No.5742 of 2012.

Mr. S.S. Momi, Advocate,

for the petitioner in CR No.5742 of 2012

for the respondent in CR No.370 of 2013.

Mr. Ajay Kaushik, Advocate,

for NCERT.

1. To be referred to the Reporters or not?

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

RAJIV NARAIN RAINA, J.

This order will dispose of CR No.5742 of 2012 (O&M) titled

Kuldeep Singh vs. Mrs. Seema Singh and another & CR No.370 of 2013

(O&M) titled Seema Singh and others vs. Kuldeep Singh.

The petitioner-husband has filed CR No.5742 of 2012 praying for

Mittal Manju

2014.07.04 12:22

I attest to the accuracy and

integrity of this document

Chandigarh

CR No.5742 of 2012 (O&M) and

CR No.370 of 2013 (O&M)

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setting aside of the order of interim maintenance (hereinafter referred to as

"husband"). The petitioner-wife has filed CR No.370 of 2013 asking for

enhancement of compensation from Rs.50,000/- as awarded by the Family

Court, Gurgaon to Rs.80,000/- per month ((hereinafter referred to as

"wife").

The parties were married on October 31, 1998 at New Delhi.

Therefater, they resided in the matrimonial home at Gurgaon. It was the

husband's second marriage after his divorce. It is the wife's first. The parties

have three minor children, two sons and daughter. The first one was born on

November 29, 1999 and the youngest child in June 2002. At the time of

marriage, the husband was a Senior Lecturer with National Council of

Educational Research & Training, New Delhi (NCERT) redesignated as an

Assistant Professor. Presently he holds the post of Associate professor. The

wife is one of seven daughters of retired Government servant. The wife

alleges the husband to be much given to heavy drinking and is alleged to be

an alcoholic which is the bane of the marriage. The wife alleges that the

husband abandoned the family and neglected to maintain the wife and the

three minor children who are school going. The husband filed for divorce on

October 21, 2011 under Section 13(a) of the Hindu Marriage Act, 1955 (for

short “the Act”) before the Family Court at Gurgaon on grounds of cruelty,

mental agony and harassment. The divorce petition was contested. The wife

alleged that she was victim of physical and mental cruelties inflicted by the

husband who had deserted and abandoned her and their children and has

neglected to maintain them and this has made their life difficult. The wife

lodged an FIR No.784 dated November 19, 2011 under Sections 498-A/506

Mittal Manju

2014.07.04 12:22

I attest to the accuracy and

integrity of this document

Chandigarh

CR No.5742 of 2012 (O&M) and

CR No.370 of 2013 (O&M)

-3-

and 323 IPC registered at Police Station Gurgaon against her husband. The

husband approached this Court for anticipatory bail in Crl. Misc. No.37768

of 2011. This Court by order dated February 27, 2012 admitted the husband

to the concession of interim bail subject to payment of Rs.30,000/- per

month to the wife.

In the divorce petition the wife filed an application under Section

24 of the Act in May 2012 praying for grant of maintenance to the tune of

Rs.80,000/- per month for herself and her three minor school going

children, who are petitioner Nos.2 to 4 in CR No.370 of 2013. Adity Singh-

petitioner No.4 is in boarding school namely, Banasthali Vidyapith,

Banasthali, Rajasthan where the annual expenses including fee, boarding

and lodging etc. is Rs.96,000/- per annum. The elder son Madhu Sudhan