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High Court of Punjab and HaryanaCR/7498/2017dismissed

Dheeraj Mahajan v. Priya Mahajan

2018-04-27Mr. Justice Arun Monga2 pages

C.R. No.7498 of 2017 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH C.R. No.7498 of 2017 Dheeraj Mahajan ....Petitioner

Versus

Priya Mahajan ....Respondent Date of Order: 27.4.2018

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Sandeep Arora, Advocate for the petitioner. AMIT RAWAL, J (ORAL) Present revision petition is directed against the impugned order dated 09.8.2017 (P.1) passed by learned Addl. District Judge, Gurdaspur whereby the application filed by respondent-wife was disposed of and a sum of Rs.15,000/- per month was awarded as maintenance to the respondentwife besides Rs.10,000/- as litigation expenses. Learned counsel for the petitioner submitted that the impugned order is passed on the basis of surmises and conjectures. The respondent herself is well educated and was serving in DAV School, Awankha as a teacher whereas the petitioner has to serve his old aged ill mother apart from maintaining his two sisters. The amount of maintenance is on the very higher side, therefore prayed for setting aside the impugned order. I have heard learned counsel for the petitioner and perused the contents of the petition.

It has come on record that the petitioner is a bank official and is receiving Rs.50,000/- per month as salary. It is also not in dispute that the respondent is also looking after the minor school going son. No other

C.R. No.7498 of 2017 #2# material has been brought on record to substantiate that the respondent-wife has any source of income. In my view, the impugned order is perfectly legal and justified.

No ground is made out to interfere.

Dismissed. However, liberty is granted to the respondent to seek recovery of the arrears of maintenance, if any, in accordance with law. If any payment has been made by the petitioner in proceedings under Section 125 Cr.P.C, the same shall obviously be adjusted at the time of adjudication of main petition.

April 27, 2018 `(AMIT RAWAL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No