Shiv Kumar vs State Govt Of Nct Of Delhi & Anr

S.P.Garg, J

CRL.M.A.No. 5704/2018 (Exemption)

Exemption allowed subject to all just exceptions.

The application stands disposed of.

CRL.REV.P. 271/2018

Present revision petition has been preferred by the petitioner against the order dated 12.01.2018 of learned Judge, Family Court, whereby Rs. 35,000/- has been awarded as interim maintenance to the respondent wife from the date of filing of the petition till further orders.

Learned counsel for the petitioner urged that the amount granted is on the higher side and the petitioner has other responsibilities to maintain his parents and the adopted child.

During the course of arguments, it was agreed that the amount paid shall be adjustable as and when final order on maintenance is passed. Excess amount, if any, shall be liable to be adjusted.

Learned counsel for the petitioner further urges that the trial be expedited.

Perusal of the file reveals that the salary of the petitioner is around Rs. 1,17,160/- (Annexxure 'A3') for the month of August, 2017. After deductions, net salary comes to Rs. 59,384/-. However, all the deductions are not compulsory. The GPF contribution is Rs. 45,000/-. The petitioner has also not disclosed the interest income from GPF contribution.

Considering the facts and circumstances of the case, the impugned order granting interim maintenance @ Rs. 35,000/- cannot be termed 'unreasonable'.

The revision petition stands disposed of with the directions that the amount paid pursuant to the order shall be without prejudice and subject to future adjustment. The Trial Court shall expedite the disposal of the main petition.