Punjab-Haryana High Court
Balbir Singh vs Gurpreet Kaur on 14 May, 2012
Author: L. N. Mittal
Bench: L. N. Mittal
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CIVIL REVISION NO.2893 OF 2012
DATE OF DECISION : 14th MAY 2012
Balbir Singh
.... Petitioner
Versus
Gurpreet Kaur
.... Respondent
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
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Present : Mr. A. A. Pathak, Advocate for the petitioner.
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L. N. MITTAL, J. (ORAL)
CM No.12447-CII of 2012 Allowed as prayed for.
CM No.12448-CII of 2012 The application is allowed and Annexures P-1 to P-3 are taken on record, subject to all just exceptions.
CR No.2893 of 2012 Husband Balbir Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 25.11.2011 passed by learned Civil Judge (Senior Division), Barnala thereby granting interim maintenance @ `5,000/- per month to respondent wife-Gurpreet Kaur during pendency of the petition filed by her against the petitioner herein under Section 9 of the Hindu Marriage Act, 1955 (in short, the Act) seeking decree for restitution of conjugal rights. The wife alleged in her application that she has CR No.2893 of 2012 (O&M) -2- no source of income whereas the husband has 8 acres of land and was running a dairy farm and is also employed in Market Committee and getting salary of `17,000/- per month.
The husband in his reply admitted that he was employed in Market Committee but denied the other averments of the wife. It was pleaded that the wife is herself earning `10,000/- per month by teaching children in school and by stitching and embroidery work.
Learned trial Court vide impugned order granted interim maintenance @ `5,000/- per month to the wife. Feeling aggrieved, husband has filed this revision petition.
I have heard learned counsel for the petitioner and perused the case file.
Counsel for the petitioner contended that the wife has already been granted interim maintenance under Section 125 of the Criminal Procedure Code (in short, Cr. P.C.) @ `1,500/- per month. Grant of said interim maintenance in proceedings under Section 125 Cr.P.C. is no bar to grant of interim maintenance under Section 24 of the Act. However, at the same time, interim maintenance granted under Section 125 of the Cr.P.C. has to be taken into consideration while granting the interim maintenance under Section 24 of the Act.
In this view of the matter, in the instant case, the amount of `1,500/- per month as interim maintenance under Section 125 Cr. P.C., if actually paid for the same period as granted under the Act by impugned order, shall be adjusted towards the amount of `5,000/- per month granted by the Court.
In addition to the aforesaid, the petitioner cannot be granted any relief because the petitioner in his reply did not even allege as to how much CR No.2893 of 2012 (O&M) -3- income he was having from all sources. The wife alleged that the husband was earning `3,00,000/- per annum from dairy farm, in addition to income from 8 acres of land and also getting salary of `17,000/- per month as employee of Market Committee. The husband admitted that he was employed in Market Committee. However, he did not state how much income he was having from all sources.
Keeping in view all the circumstances, the amount of `5,000/- per month as interim maintenance cannot be said to be excessive so as to warrant reduction in exercise of revisional power under Article 227 of the Constitution of India. The plea of the husband that the wife herself is also earning, cannot be accepted at this stage because prima facie there is nothing on record to substantiate the said plea.
For the reasons aforesaid, I find no merit in this revision petition, which is accordingly dismissed in limine, subject to the observations made hereinbefore.
14th May, 2012 (L. N. MITTAL)
'raj' JUDGE