High Court of Punjab and HaryanaCRR(F)/513/2021dismissed

Makhan Singh v. Sarabjit Kaur

2023-03-22Mr. Justice Tribhuvan Dahiya2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 106 Criminal Revision (F) No.513 of 2021 Date of Decision: March 22, 2023 Makhan Singh ..... PETITIONER(S)

VERSUS

Sarabjit Kaur ..... RESPONDENT(S) . . .

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA . . .

PRESENT: - Mr. Vinod K. Kaushal, Advocate, for the petitioner. . . .

Tribhuvan Dahiya, J (Oral) This petition has been filed against the order dated 20.09.2021 passed by the Family Court, Mansa, on a petition under Section 127 Cr.P.C. filed by the respondent-wife for enhancement of the maintenance amount. Accepting the petition and keeping in view the status of both the parties, their income, expenditure and liabilities, the amount of maintenance was enhanced from ` 2,500 per month to ` 10,000 per month, with effect from the date of filing of the petition. 2.

Learned counsel for the petitioner contends that the amount awarded is on a higher side, and it needs to be reduced. The earlier amount payable by the petitioner has been drastically increased without any justification.

A perusal of the impugned order shows that the petitioner is in a permanent job and his gross monthly salary is ` 42,972. It stands established by the account statement, Ex.AW-1/A. It is also not disputed that AVIN KUMAR 2023.03.23 18:50 I attest to the accuracy and integrity of this order/judgment

2023:PHHC:041681 CRR(F) No.513 of 2021 [2] the respondent-wife has no source of income. There is no denying the fact that the petitioner is liable to maintain his estranged wife by paying sufficient amount of maintenance keeping in view his income, status of the parties as well as their liabilities. Besides, the cost of living has increased from the time respondent was earlier granted maintenance. The Family Court has granted the enhanced maintenance by taking all these factors into consideration which cannot be said to be on higher side. In view thereof, there is no ground to interfere with the impugned order. 4.

Dismissed.

(Tribhuvan Dahiya) Judge March 22, 2023 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2023.03.23 18:50 I attest to the accuracy and integrity of this order/judgment