Tarminder Singh vs Luxmi and others

Petitioner has filed the present revision petition against order

dated 15.10.2016, passed by learned District Judge, Family Court, Ambala,

vide which the application for setting aside order dated 17.10.2014 and

judgment dated 06.08.2015, has been dismissed.

As is evident from the record that learned District Judge,

Family Court, Ambala while deciding the application under Section 125

Cr.P.C. has taken into consideration the fact that the petitioner is a semi-

skilled labourer and his earning is Rs.10,000/- to Rs.12,000/- per month.

Petitioner had two sons from the wedlock. Consequently, the application for

interim maintenance has been allowed and vide order dated 06.08.2015,

granted maintenance of Rs.2000/- per month to the wife and Rs.1000/- per

month each to the child.

Learned counsel for the petitioner has argued that the

petitioner-husband has no source of income and he is not in a position to

pay any maintenance amount as he is only working as a labourer.

Moreover, the Court below has not considered the evidence led by the

petitioner and wrongly directed him to pay maintenance of Rs.4,000/- per

month to the respondents. So, the impugned order is liable to be set aside.

After hearing the learned counsel for the petitioner, going

through the impugned order, this Court is of the considered view that the

learned District Judge, Family Court, Ambala, has rightly assessed the

income of the petitioner and passed the impugned orders. The plea of actual

earning will be decided at the final stage of application filed under Section

125 Cr.P.C. No ground for interference in the present revision petition, at

this stage, is made out and the same is hereby dismissed.