Harmit Singh Khalsa v. Smt. Arsheen Kaur And ORS

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 503 of 2015 Harmit Singh Khalsa, S/o Shri Amarjeet Singh Khalsa, aged about 37 years, resident of Mehtab Singh Garage Sihawa Chowk Dhamtari, Post Office and Police Station Dhamtari, District Dhamtari (C.G.) ---- Applicant

Versus

1.

Smt. Arsheen Kaur, W/o Harmit Singh Khalsa, aged about 32 years.

2.

Kavardeep Singh, S/o Harmit Singh Khalsa, aged about 12 years.

3.

Ishneet Kaur, D/o Harmit Singh Khalsa, aged about 11 years (Non-applicants No.2 & 3 is minor, present natural guardian is mother Respondent No.1) All are resident of Shyam-Nagar near Gurudwara Raipur, Post office Tahsil & District Raipur (C.G.) ---- Non-applicants For Applicant :

Shri B.L. Sahu, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/08/2015 (1) Heard on admission.

(2) In a proceeding for maintenance initiated under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') by nonapplicant No.1/wife Smt. Arsheen Kaur, non-applicant No.2/minor son Kavardeep Singh and non-applicant No.3/minor daughter Ishneet Kaur, the Family Court, Raipur, by its order dated 24.04.2015, passed

in M.J.C. No.186/2013, granted Rs.15,000/- as monthly interim maintenance amount in favour of the non-applicants; further recorded a finding that the relationship of husband and wife is admitted; and further recorded a finding that the non-applicants are unable to maintain themselves, which is sought to be challenged by the applicant/husband stating that the same is on higher side. (3) After hearing learned counsel appearing for the applicant and taking into consideration the cost of living & price-index and basic needs of the non-applicants, an amount of Rs.15,000/- as monthly interim maintenance granted to the non-applicants cannot be said to be shockingly high warranting interference by this Court in its revisional jurisdiction.

(4) The revision deserves to be and is accordingly dismissed at admission stage. However, the trial Court is directed to expedite the trial of maintenance proceeding and to conclude the same within a period of three months from the date of receipt of copy of this order. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge L/-