Manjit Kaur @ Manjeet Kaur v. Ashok Kumar

CRR(F) 777/2023 2023:PHHC:094528

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR(F) 777/2023 Date of decision: 24.07.2023.

Manjit Kaur @ Manjeet Kaur ..................Petitioner Vs.

Ashok Kumar ..................Respondent

CORAM

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Ravi Singh, Advocate for the petitioner.

Nidhi Gupta, J.

This revision petition is directed against the order dated 17.8.2022 passed by Addl. Principal Judge, Family Court, Ludhiana whereby while deciding the application under Section 125 Cr.PC filed by the petitioner-wife, respondent husband was directed to pay Rs.10,000/- per month to her as maintenance which was further subject to increase at a flat rate of 5% per annum from the date of said order. Prayer in this revision petition is for enhancing the maintenance so granted by the Family Court. Ld. Counsel for the petitioner inter alia, submits that marriage between petitioner and respondent was solemnized on 19.10.2020 and they are living separately since July 2021. It is submitted that the respondent husband is a professional singer and earning handsome amount. It is submitted that despite that Family Court has granted only Rs.10,000/- which is a meagre amount. It is further submitted that respondent has his own Youtube channel and is earning more than Rs.3 lacs from the same. It is RAJINDER PARSHAD JOSHI 2023.07.31 13:35 I attest to the accuracy and integrity of this document

CRR(F) 777/2023 2023:PHHC:094528 submitted that therefore, maintenance granted by the Family Court be enhanced to Rs.1.50 lacs per months.

Heard ld. Counsel.

Perusal of the record of the case shows that parties are living separately since July 2021 i.e within one year of their marriage. Admittedly no child is born out of this wedlock. Petitioner has also lodged FIR No.78 dated 9.4.2022 under Sections 406/498-A IPC at PS Women Ludhiana. Respondent was proceeded ex-parte before the Family Court vide order dated 18.11.2021. Moreover, it has been recorded in the impugned order that the petitioner was unable to prove alleged income of the respondent before the Family Court. Even now, nothing has been placed on record by the petitioner to substantiate her contentions.

In view of the above, I find no ground is made out to interfere in the impugned order. The revision petition stands dismissed. 24.07.2023.

(Nidhi Gupta) Joshi Judge Whether speaking/reasoned Yes Whether reportable Yes/No RAJINDER PARSHAD JOSHI 2023.07.31 13:35 I attest to the accuracy and integrity of this document