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CRR(F)-617-2025 (O&M) -1- 112 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-617-2025 (O&M) Date of decision: 29.04.2025 JATINDER SINGH ...Petitioner(s) VERSUS JASVEER KAUR ...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present:- Mr. Mohit Vashishat, Advocate for the petitioner. (Through Video Conferencing) **** JASGURPREET SINGH PURI, J. (Oral) CRM-16815-2025 Prayer in this application is for condonation of delay of 18 days in filing the present revision petition. For the reasons mentioned in the application, the same is allowed and the delay of 18 days in filing the present revision petition, is hereby condoned. CRR(F)-617-2025
1. The present revision petition has been filed for setting aside the
order dated 16.01.2025 passed by the learned Additional Principal Judge, Family Court, Ludhiana, vide which interim maintenance has been granted to the respondent-wife to the tune of Rs.7,000/- per month.
2.
Learned counsel for the petitioner, who has joined the proceedings through video conferencing submitted that the marriage between the petitioner CHETAN THAKUR 2025.05.03 13:55 I attest to the accuracy and authenticity of this order/judgment.
CRR(F)-617-2025 (O&M) -2- and respondent took place on 27.03.2022 at Ludhiana and out of the said wedlock, no child was born. He further submitted that the petitioner-husband is having his own family, which includes his old aged mother who is unfortunately suffering from brain tumor and two minor children from his previous marriage, who are also residing with him. He further submitted that as per the affidavit filed by the petitioner-husband before the learned Additional Principal Judge, Family Court, Ludhiana pertaining to declaration of his assets and liabilities, he has disclosed his income to be Rs.42,800/- per month and as per the affidavit filed by the respondent-wife, she has shown her income to be nil because she was having no source of income and she is having a skill of tailoring and is earning through tailoring but nothing has been placed on the record with regard to the same. He further submitted that the aforesaid amount of interim maintenance is on the excessive side and the petitioner-husband is not able to pay the same to the respondent-wife and therefore, the aforesaid impugned
order passed by the learned Additional Principal Judge, Family Court, Ludhiana may be set aside.
3. I have heard the learned counsel for the petitioner, who has appeared through video conferencing.
4. It is a case where the petitioner-husband has filed the present revision petition challenging the order dated 16.01.2025 passed by the learned Additional Principal Judge, Family Court, Ludhiana, whereby interim maintenance has been granted to the respondent-wife as aforesaid. As per the aforesaid impugned order and the submissions made by the learned counsel for the petitioner, the petitioner-husband is working and is earning an amount of CHETAN THAKUR 2025.05.03 13:55 I attest to the accuracy and authenticity of this order/judgment.
CRR(F)-617-2025 (O&M) -3- Rs.42,800/- per month, even as per his affidavit filed before the learned Family Court but at the same time, he is also having the care and custody of his two minor children from his previous marriage and he also has to take care of his old aged mother who is suffering from brain tumor. It is not in dispute that the respondent is the legally wedded wife of the petitioner and as per the affidavit filed by the respondent-wife, she is not earning anything and has got no source of income at all. Therefore, it is not only a statutory but also legal, social, economic and moral responsibility of the husband to maintain his legally wedded wife despite odd circumstances.
5. The present revision petition has been filed by the petitioner- husband challenging the interim order of maintenance and the scope of revision petition is otherwise also very limited. The facts and circumstances of the present case suggest that there is no illegality or perversity in the aforesaid impugned order dated 16.01.2025 passed by the learned Additional Principal Judge, Family Court, Ludhiana nor the interim maintenance fixed for the respondent-wife is on the higher side.
6. Consequently, finding no merit in the present revision petition, the same is hereby dismissed.
(JASGURPREET SINGH PURI) 29.04.2025 JUDGE Chetan Thakur Whether speaking/reasoned : Yes/No Whether reportable : Yes/No CHETAN THAKUR 2025.05.03 13:55 I attest to the accuracy and authenticity of this order/judgment.