Punjab-Haryana High Court
Kapil Bhardwaj vs Anshul @ Anshul Saluja And Another on 29 April, 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR (F)-249-2019 (O&M)
Date of Decision : 29.04.2019
Kapil Bhardwaj
...... Petitioner
Versus
Mrs. Anshul alias Anshul Saluja and another
...... Respondents
CORAM : HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
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Present : Mr. Arav Gupta, Advocate
for the petitioner.
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RAJ SHEKHAR ATTRI, J. (Oral)
The petitioner has preferred the instant petition under Section 401 Cr.P.C., challenging the order dated 24.01.2019, passed by the Family Court, vide which respondent No.1-wife was granted interim maintenance at the rate of Rs.7,000/- per month and respondent No.2 was granted interim maintneance at the rate of Rs.2,000/- per month The petitioner-husband is working as a dental surgeon running a dental clinic in the name and style of Special Care Dental Hospital, Ballabgarh. He claims that his actual income is Rs.2,21,683/- whereas his wife-respondent No.1 is working as a guest teacher.
I have heard learned counsel for the petitioner and have gone through the record.
At the stage of awarding interim maintenance, the court has to see a prima facie case in favour of the applicant because evidence has not been adduced at this stage. However, the Court can alter, in either side, the 1 of 2 ::: Downloaded on - 12-05-2019 14:38:56 ::: CRR (F)-249-2019 (O&M) -2- amount of maintenance after adducing the evidence.
After going through the record, this Court is of the view that the impugned order does not suffer from any illegality, irregularity and infirmity and does not require any interference by this court and the same stands upheld.
As such, finding no merit in the instant petition, the same is dismissed.
However, nothing express in this order will affect the merits of the case.
( RAJ SHEKHAR ATTRI)
29.04.2019 JUDGE
mamta
Whether speaking/reasoned Yes/No
Whether Reportable : Yes/No
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