Sajanpreet Singh v. Amarjit Kaur
2023:PHHC:135769-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH FAO-5175-2023 (O&M) Date of decision: 18.10.2023 Sajanpreet Singh ....Petitioner
Versus
Amarjit Kaur
...Respondent
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. V.K. Sandhir, Advocate for the petitioner.
RAJ MOHAN SINGH, J. (ORAL) The present appeal has been preferred against the order dated 07.08.2023 passed by the Principal Judge, Family Court, Amritsar, granting an amount of Rs.8,000/- per month as maintenance pendente lite in favour of the respondent along with litigation expenses to the tune of Rs.5,000/-. The aforesaid award is however subject to set off vis-a-vis the maintenance, if any, granted under collateral proceedings under Section 125 Cr.P.C and Domestic Violence Act.
At this stage, the only submission made by learned counsel for the appellant is that the appellant is working as Supervisor in Kochar Sung Up Acrylic Ltd. and his monthly income is Rs.13,000/- per month. He has a family consisting of old parents to maintain. Award of maintenance was granted just to prevent NEHA 2023.10.19 12:57 I attest to the accuracy and integrity of this order/judgment
2023:PHHC:135769-DB FAO-5175-2023 (O&M) -2vagrancy and destitution of the respondent/wife. The award of maintenance is never meant to enrich the spouse. Monthly income of the appellant as projected by the learned counsel for the appellant cannot be conclusively determined at this stage. Since the award of Rs.8,000/- is not such which would compel this Court to take different view than the one taken by the learned Principal Judge, Family Court, Amritsar. Even unskilled labourer is able to earn not less than Rs.10,000/- per month. The award of Rs.8,000/- per month as maintenance pendente lite cannot be held to be on the higher side.
The appeal is found to be totally devoid of merits and is accordingly dismissed.
(RAJ MOHAN SINGH) JUDGE (HARPREET SINGH BRAR) JUDGE 18.10.2023 Neha Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No NEHA 2023.10.19 12:57 I attest to the accuracy and integrity of this order/judgment