High Court of Punjab and HaryanaCRR(F)/327/2024dismissed

Anil Gautam v. Kiran And ORS

2024-03-04Ms. Justice Nidhi Gupta2 pages

2024:PHHC:030656 CRR(F)-327-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Revision (F) No.327 of 2024 Date of decision :-04.03.2024 Anil Gautam .....Petitioner

Versus

Kiran and others .....Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Jagtar Kureel, Advocate for the petitioner.

NIDHI GUPTA J. (Oral) Challenge in the present petition is to the impugned order dated 15.1.2024 passed by the learned Family Court in an application under Section 125 Cr.P.C. filed by the respondents, whereby the petitioner has been directed to pay Rs.22,500/- per month (i.e. Rs.12,500/- per month to respondent No.1 and Rs.5000/- per month each to respondents No.2 and 3) despite the fact that total monthly salary of the petitioner is only Rs.35,400/- per month. Learned counsel for the petitioner inter alia submits that vide impugned order dated 15.1.2024, the learned Family Court has directed the petitioner to pay interim maintenance of Rs.22,500/- per month to the respondents, as detailed above. Learned counsel submits that in compliance of direction of the Hon'ble Supreme Court in Rajnesh vs. Neha 2021(2) SCC 324 the petitioner had filed an affidavit (Annexure P-13) of assets and liabilities wherein he has stated on oath VIJAY ASIJA 2024.03.05 19.45 I attest to the accuracy and integrity of this document

2024:PHHC:030656 CRR(F)-327-2024 that he was a contractual employee, and his monthly salary is only Rs.35,400/- per month. It is submitted that despite this the learned Family Court assumed the income of the petitioner to be Rs.50,000/- per month only due to the fact that the petitioner had not produced his salary slip. Learned counsel submits that the same has been produced before this Court as Annexure P-16.

After arguing for some time, learned counsel for the petitioner, seeks to withdraw the present petition at this stage with liberty to produce the salary slip (Annexure P-16) of the petitioner before the Court below.

Dismissed as withdrawn with the liberty aforesaid. Pending application(s), if any, shall stands disposed of. March 04, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No VIJAY ASIJA 2024.03.05 19.45 I attest to the accuracy and integrity of this document