Himachal Pradesh High Court
Praveen Singh vs Smt. Nisha Devi on 10 August, 2018
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CMPMO No. 66 of 2018
Decided on: August 10, 2018
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Praveen Singh ...Petitioner
Versus
Smt. Nisha Devi ...Respondent
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1 No.
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For the Petitioner : Ms. Megha Kapur Gautam, Advocate.
For the Respondent : Ex parte.
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Sandeep Sharma, J. (oral)
As per report of the Registry, sole respondent namely Smt. Nisha Devi is duly served, however, there is no representation on her behalf as such, she is proceeded against ex parte.
2. Being aggrieved and dissatisfied with order dated 6.5.2017 passed by the learned Additional District Judge, Chamba, District Chamba, H.P., in CMA No. 272 of 2016 titled Nisha Devi vs. Praveen Singh, whereby present petitioner (respondent in the court below) has been directed to pay a sum of ` 1,000/- as maintenance pendente lite to the respondent (applicant before the court below) during the pendency of the proceedings from the date of service of the petitioner and to pay a 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 13/08/2018 23:00:43 :::HCHP 2sum of `2,000/- as litigation expenses, petitioner has approached this Court in the instant proceedings filed under .
Article 227 of the Constitution of India.
3. Having carefully perused order dated 6.5.2017, this Court sees no reason to interfere with the same because findings recorded by the court below appear to be based upon proper appreciation of material adduced on record by the respondent.
Respondent has filed a petition under Section 13 of the Hindu Marriage Act for divorce, against the petitioner in the Court of learned Additional District Judge, Chamba, which is pending adjudication. In the aforesaid proceedings, respondent filed an application under Section 24 of the Hindu Marriage Act, praying therein for grant of maintenance pendente lite. Respondent categorically claimed before the court below that she has no source of income sufficient for her maintenance and necessary expenses for litigation. Court below, taking note of the fact that petitioner is a labourer by profession having agricultural land and his total income from all sources being more than `15,000/-
per month, proceeded to grant `1,000/- per month as maintenance pendente lite to the respondent during the pendency of the proceedings and a sum of `2,000/- towards litigation expenses, which in my considered view, is quite ::: Downloaded on - 13/08/2018 23:00:43 :::HCHP 3 reasonable and apposite, leaving no occasion for this Court to interfere with the same.
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4. Accordingly, in view of above, I find no merit in the petition before me, which is accordingly dismissed. Order dated 6.5.2017 passed by the learned Additional District Judge, Chamba, District Chamba, H.P., in CMA No. 272 of 2016 titled Nisha Devi vs. Praveen Singh is upheld.
5. I find from the record that petitioner herein is a deaf and dumb person and as such requires to be represented through a court guardian to prosecute his interests in the court below, as such, learned Court below is directed to pass appropriate orders to ensure effective representation of the petitioner before it.
Pending applications, if any, stand disposed of.
(Sandeep Sharma) Judge August 10, 2018 vikrant ::: Downloaded on - 13/08/2018 23:00:43 :::HCHP