Pawan Kumar vs Aarti Rani

Rekha Mittal, J.—The instant petition has been directed against order dated 6.4.2013 passed by the Sessions Judge, Sirsa (Annexure P-3) whereby the revision petition preferred by Aarti Rani (respondent) against order dated 18.8.2012 passed by Judicial Magistrate Ist Class, Sirsa (Annexure P-2) has been allowed and interim maintenance awarded to the respondent at the rate of Rs. 700/- per month by the trial court has been enhanced to Rs. 5000/- per month.

Counsel for the petitioner contends that the petitioner has paid maintenance to the respondent at the rate of Rs. 2500/- per month as payment beyond Rs. 2500/- per month was stayed by this Court on May 14, 2013. It is further submitted that maintenance assessed by the Court in revision is unreasonable and excessive, therefore, liable to be reduced to Rs. 2500/-.

No one has put in appearance on behalf of the respondent despite service, therefore, there is no rebuttal to the submissions made by counsel for the petitioner.

I have heard counsel for the petitioner and gone through the case file.

Admittedly, the petitioner is working as a driver in the Market Committee, Sirsa and drawing gross salary of Rs. 21,890/- and carry home salary of Rs. 16,850/-. The respondent-wife is entitled to enjoy the same amenities of life which she would have, had she continue staying with her husband. Keeping in view the income of the petitioner-husband, I do not find any error much illegality in the impugned order as would call for intervention. On the contrary, the interim maintenance granted by the trial court was too inadequate and the error committed by the said court was rightly rectified by the revisional court.

In view of what has been discussed hereinbefore, the petition is dismissed without any order as to costs.