Manvinder Singh v. Sarabjeet Kaur

In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 02.03.2023 Manvinder Singh ---Petitioner versus Sarabjeet Kaur ---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Ankur Bansal, Advocate for the petitioner **** JAGMOHAN BANSAL, J. (ORAL) CRM- 10304 of 2023
 

         

   



          

             

   

  

    

     



       


The petitioner, through the instant petition is seeking setting aside of order dated 09.06.2022 whereby trial court has allowed interim maintenance of Rs. 25,000/- to respondent(wife) and children of the petitioner.

The brief facts of the case are that marriage of the petitioner was solemnized with respondent on 27.02.2005 and from

-2this wedlock two children were born. The petitioner is working in Labour Court as Class -IV employee. The parties could not enjoy fruits of the marriage and started staying separate. The respondent filed petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short "D.V.Act") wherein she claimed maintenance to the tune of Rs. 40,000/- per month. The respondent filed an application under Section of 23 of D.V.Act seeking interim maintenance. The Magistrate vide order dated 09.06.2022 awarded interim maintenance of Rs. 25,000/- per month to the respondent i.e. Rs. 5000/- to the respondent and Rs. 10,000/- each to minor children of the petitioner.

The petitioner preferred an appeal before Appellate Court which came up for consideration before Additional Sessions Judge, Ludhiana, who vide impugned order dated 19.11.2022 has dismissed appeal of the petitioner. Learned counsel for the petitioner submits that he is not running away from his responsibility, however, his grouse is qua quantum of maintenance. The petitioner is getting carry home salary Rs. 38,500/- and it is not possible to spare a sum of Rs. 20,000/- per month awarded to his children.

I have heard learned counsel for the petitioner and perused the record.

The petitioner is not disputing factum of marriage as well as birth of two sons from the wedlock. He is also not disputing the fact that both sons of the petitioner are studying in 10+1 at Jalandhar. The salary of the petitioner is undisputed. As per affidavit of the petitioner, the gross salary of the petitioner is Rs. 44,000/- per month

-3and carry home salary is Rs. 38,500/-. The cost of education is well known. The trial court as well as Appellate court have awarded a small amount of Rs. 5000/- to wife and Rs. 10,000/- per month each to both sons of the petitioner. The petitioner is morally, ethically and statutorily duty bound to maintain his wife and children. The amount awarded to wife is so minuscule that there is no possibility even to consider to reduce that amount. A sum of Rs. 20,000/- has been awarded to both children who are school going. Nowadays school going children are not only paying school fee but also they are supposed to pay tuition fee which is exorbitant. The cost of clothes, food and accommodation is also known to everyone. The trial court as well as Appellate court after considering all these facts have awarded maintenance of Rs. 25,000/- per month to the respondent and children of the petitioner.

It is apt to mention here that the maintenance awarded by Family Court is interim, thus, petitioner would get opportunity to put forth his stand at the time of determination of final maintenance. Keeping in view the present cost of living; social and legal responsibility of the petitioner to maintain his family and interim maintenance awarded; this court does not find that amount of interim maintenance fixed by court below is on higher side, thus, the present petition deserves to be dismissed on merits. Accordingly dismissed. ( JAGMOHAN BANSAL ) JUDGE 02.03.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No