Suresh Kumar v. Sapna And ANR

Criminal Revision No. (F) 375 of 2018 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Revision No. (F) 375 of 2018 (O&M) Date of decision : September 6, 2019 Suresh Kumar ....Petitioner versus Sapna and another ....Respondents Coram:

Hon'ble Mr. Justice Fateh Deep Singh Present :

Mr. Ajay Rathore, Advocate for Mr. Jagjeet Beniwal, Advocate, for the petitioner Fateh Deep Singh, J. (Oral) Petitioner husband Suresh Kumar has sought to assail an order dated 9.7.2018 of the court of learned District Judge, Family Court, Bhiwani whereby the wife now respondent Sapna and the minor child Tannu alias Tannavi were granted interim maintenance at the rate of Rs 4000/- and Rs 1000/- per month respectively.

Heard counsel for the petitioner and perused the records. Admittedly the couple entered into a wedlock on 19.2.1998, out of which minor child was born to them. The wife claims that the husband is running business of carpentry and earns DALBIR SINGH TIWANA 2019.12.20 15:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.

Criminal Revision No. (F) 375 of 2018 (O&M) -2more than Rs 40,000/- per month while the wife and the child are totally dependent on the husband. Though the husband claims that the wife is gainfully employed but nothing tangible has come on the record and even he failed to make compliance of orders of this Court to that effect.

Appreciating the submissions it is duly admitted that the husband is an able bodied person and it is displaced that he is a carpenter. The learned court below considering him to be a casual worker by some amount of guess work assessed his earnings to be Rs 20,000/- per month. The counsel for the petitioner could not convince how the same was apparently on the shaky wicket. The wife has been granted Rs 4000/- per month while the minor child has been granted Rs 1000/-. Keeping in view the rising trend of living prices of the essential commodities to the mind of this Court, the amount so awarded is certainly on the lower side. The counsel could not convince how there has been illegality or perversity in the findings necessitating intervention by this Court. Finding no merit, the instant petition is dismissed in limine.

( Fateh Deep Singh ) September 06, 2019 Judge 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No DALBIR SINGH TIWANA 2019.12.20 15:52 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.