Barjinder Kaur vs Rakesh Lal

Rajan Gupta, J.—Present revision petition is directed against the order dated 7.9.2012, passed by Additional District Judge (Adhoc), Fast Track Court, Hoshiarpur whereby maintenance pendente lite @ Rs. 1000/- has been granted to the petitioner. Learned counsel for the petitioner submits that maintenance granted is on the lower side. Respondent is earning about Rs. 20,000/- per month. Thus, order passed by the court below is unsustainable.

Learned counsel for the respondent has disputed the plea. He submits that another application u/s 125 Cr.P.C. was moved by the petitioner wherein maintenance @ Rs. 2000/- per month has been granted. He further contends that petitioner is only a taxi driver earning Rs. 3500/- per month. Thus, no fault can be found with the order passed by the court below.

I have heard learned counsel for the parties and given careful thought to the facts of the case.

It appears that a divorce petition was filed by the petitioner before Additional District Judge, Hoshiarpur on the ground of cruelty. During pendency of the petition, an application was moved u/s 24 of the Hindu Marriage Act for grant of maintenance pendente lite. After considering rival contentions, the court came to the conclusion that petitioner was entitled to Rs. 1000/- per month as maintenance. According to stand of respondent, an amount of Rs. 2000/- has been granted u/s 125 Cr.P.C. No ground is made out for interference in revisional jurisdiction of this court. Dismissed.