Amit Saroha v. Krishna Kumari

CRR(F) 236/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:08.09.2015.

Amit Saroha .............Petitioner v.

Krishna Kumari .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Ramesh Malik,Advocate for the petitioner Jaswant Singh,J.(Oral) Petitioner-husband has laid challenge to the order dated 3.6.2015 passed by learned District Judge,Family Court, Sonipat whereby respondent wife in her application under Section 125 Cr.PC has been granted interim maintenance @ Rs.7000/- per wife. It is submitted by the learned counsel for the petitioner that the maintenance granted is on higher side as the petitioner,who is a paralytic has to maintain his aged parents also. After hearing the learned counsel, I find no merit in the submission.

Learned counsel has not been able to dispute that learned District Judge,Family Court,Sonipat while granting interim maintenance has noticed that solemnization of marriage of the petitioner with respondent on 3.12.2012 is proved. Further, it is also RAJINDER PRASHAD JOSHI 2015.09.09 10:09 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CRR(F) 236/2015 not disputed that that petitioner is employed as Assistant Coach and his net pay for the month of December 2014-15 was Rs.30,167/-. In this view of the matter, once the factum of marriage is proved the petitioner is legally and morally bound to maintain his wife. As regards the quantum of interim maintenance @ Rs.7000/- per month, the same by no stretch of imagination can be said to be on higher side keeping in view the monthly income of the petitioner. Thus, no case for interference with the impugned order is made out. Dismissed.

08.09.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.09.09 10:09 I attest to the accuracy and authenticity of this document High Court, Chandigarh.