Amandeep v. Gaurav Kapil

CRR(F) 1062/2023 2023:PHHC:095387

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR(F) 1062/2023 Date of decision: 26.07.2023.

Amandeep w/o Gaurav Kapil ..................Petitioner Vs.

Gaurav Kapil s/o Chain Murti ..................Respondents

CORAM

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

Nidhi Gupta, J.

Prayer in this revision petition is for modification of the order dated 10.7.2023 passed by Principal Judge, Family Court, Gurdaspur whereby petitioner has been granted interim maintenance @ Rs.4000/- per month, as also Rs.2000/- as litigation expenses.

Ld. counsel for the petitioner submits that respondent husband is earning Rs.58,000/- per month and yet, interim maintenance of only Rs.4000/- per month has been granted to her which is not sufficient to maintain herself. It is further submitted that the petitioner is not in a position to maintain herself and therefore, interim maintenance granted to the petitioner be enhanced.

Heard ld. counsel.

Perusal of the record of the case reveals that marriage between the parties was solemnized on 14.10.2021 and they are living separately since RAJINDER PARSHAD JOSHI 2023.08.01 15:12 I attest to the accuracy and integrity of this document

CRR(F) 1062/2023 2023:PHHC:095387 December 2021 i.e. the petitioner stayed in the matrimonial home for only about two months. No child was born out of this wedlock. It was the pleaded case of the respondent that admittedly he was getting the salary of Rs.58,000/- per month of which he has to pay about Rs.15,000/- per month under compulsory savings. Respondent had also averred that the petitioner has completed GNM and is serving in a private hospital at Gurdaspur from where she is getting salary of Rs.25,000/- per month. Although in her affidavit submitted before the Family Court the petitioner has stated that she is unemployed, however, this issue as well as factum of income of the respondent, will be determined on the basis of evidence led by the parties. Keeping in view the totality of the facts and circumstances of the case, I find no ground is made out to interfere in the impugned order. Dismissed.

26.07.2023.

(Nidhi Gupta) Joshi Judge RAJINDER PARSHAD JOSHI 2023.08.01 15:12 I attest to the accuracy and integrity of this document