Bhupendra Singh vs State Of Uttarakhandand And Others

Pankaj Purohit, J

Heard learned Counsel for the parties.

The challenge herein is to the order dated 14.09.2023 passed by learned Judge, Family Court, Haridwar in Misc. Crl. Case No.139 of 2022 and 405 of 2022 (Ritu Mehra v. Bhupendra Singh), whereby the application for interim maintenance moved by respondent nos.2 & 3 was granted.

3, This is a matter in which interim maintenance has been awarded by the Court below to the respondent nos.2 and 3. Facts are that due to the harassment and indecent behavior committed by revisionist and his family, respondents are living separately. She is unable to maintain herself. She also stated that the revisionist is posted as a Head Constable in B.S.F. and his income is Rs.55,000/- per month hence a demand of Rs.25,000/-for herself and Rs.10,000/- for her son was made.

Revisionist filed his objection to the application, admitted the factum of marriage and stated that the respondent –wife works in a pharmaceutical company from where she gets income of Rs.40,000/ p.m. while he gets salary of Rs.46,048/- p.m.

No proof of income of respondent-wife was produced by revisionist before the Court nor her place of work was disclosed. The Court recorded the finding that the revisionist is evading to pay maintenance. On the other hand, from the documents of salary of revisionist, his monthly salary was found to be Rs.57,266/- per month and thus, he was competent to maintain his wife.

The Court in these circumstances awarded interim maintenance of Rs.12,000/- to the wife and Rs.7,000/- for the son, total Rs.19,000/- per month to be paid by the revisionist from the date of application i.e. 13.05.2022 by the 10th of each month.

I find no illegality or impropriety in the impugned order. The interim maintenance awarded by the Court is perfectly justified as per the earning capacity of the revisionist. Even if he has responsibility of his parents, he can maintain them from the leftover money. Moreover, the final adjudication of the respective claims of the parties are yet to be made.

Thus, there is no force in this revision and the same is hereby dismissed. Interim order dated 27.02.2025 is hereby vacated.