Rajan Duggal vs Rajni

Rajan Gupta, J.—Present revision petition has been preferred against the order passed by Additional District Judge, Amritsar, whereby interim maintenance has been granted to respondent wife and minor female child @ Rs. 3500/- per month and Rs. 2500/- per month respectively. Learned counsel for the petitioner has argued that no evidence has been brought on record to show that petitioner is earning Rs. 30,000/- per month. As he is pursuing higher education, it is difficult for him to spare Rs. 6,000/- per month for maintaining his wife and minor child. Court below has gravely erred in granting higher interim maintenance. Same needs to be reduced keeping in view financial status of the petitioner.

Learned counsel for the respondent, however, submits that petitioner has admitted before the court below that his carry home salary is Rs. 19,638/- per month. He is engineering graduate and is employed as a technician in Fortis Escorts Hospital, Amritsar. Minor child is studying in a school and fee for same is Rs. 1500/- per month. Thus, maintenance pendente lite granted by the court below has been rightly calculated.

I have heard learned counsel for the parties. It appears that petition u/s 13 of Hindu Marriage Act was instituted by the husband (petitioner herein) against the respondent. During pendency of same, an application was moved by respondent wife u/s 24 of the Act seeking maintenance pendente lite. Court after examining facts and circumstances of the case, came to the conclusion that petitioner was employed in Fortis Escorts Hospital, Amritsar and his carry home salary is Rs. 19,638/- per month. One female child born out of the wedlock is studying in a school at Amritsar and Rs. 1,500/- per month as fee for the same is being paid by respondent. Court thus granted maintenance pendente lite @ Rs. 3,500/- per month to respondent wife and another sum of Rs. 2,500/- per month to minor female child. I find no infirmity with the order passed by the court below.

Revision petition is without any merit and is dismissed.