JUDGMENT :

Jasgurpreet Singh Puri, J.

CRM-13074-2025

Prayer in this application is for condonation of delay of 176 days in filing the present revision petition.

Learned counsel for the applicant-petitioner submitted that earlier the applicant-petitioner had filed a revision petition before this Court but the same was withdrawn to file fresh in view of judgment of Division Bench of this Court in CR-3407-2024 and that was the reason as to why delay for 176 days has been caused in filing the present revision petition.

After hearing the learned counsel for the applicant-petitioner and perusing the present application, this Court is of the considered view that the aforesaid delay of 176 days in filing the present revision petition deserves to be condoned.

Consequently, the present application is allowed and the delay of 176 days in filing the present revision petition, is hereby condoned.

CRR-851-2025

1. The present revision petition has been filed for setting aside the impugned judgment dated 24.05.2024 passed by the learned Sessions Judge, Ferozepur, vide which the appeal filed by the respondent-wife for enhancement of interim maintenance was allowed and the interim maintenance which was granted to the respondent-wife by the learned Additional Chief Judicial Magistrate, Ferozepur vide order dated 22.11.2023 was enhanced from Rs.10,000/- per month to Rs.20,000/- per month in the facts and circumstances of the case.

2. The brief facts of the present case are that the respondent-wife filed a petition under Section 125 Cr.P.C. for grant of maintenance. An application for grant of interim maintenance was also filed which was decided by the learned Additional Chief Judicial Magistrate, Ferozepur vide order 22.11.2023, vide which an amount of Rs.10,000/- per month as interim maintenance was granted to the respondent-wife. The respondent-wife assailed the aforesaid order passed by the learned Additional Chief Judicial Magistrate, Ferozepur by filing an appeal before the learned Sessions Judge, Ferozepur for enhancement of the aforesaid interim maintenance and at the same time, the petitioner-husband also assailed the aforesaid order before the learned Sessions Judge, Ferozepur, vide which the aforesaid interim maintenance of Rs.10,000/- per month was fixed. The learned Sessions Judge, Ferozepur took up both the appeals together and dismissed the appeal filed by the petitioner-husband and allowed the appeal filed by the respondent-wife and the amount of interim maintenance was enhanced from Rs.10,000/- per month to Rs.20,000/- per month.

3. The husband, who is the petitioner has now challenged the aforesaid judgment passed by the learned Sessions Judge, Ferozepur only and there is no challenge in the present revision petition to the order passed by the learned Additional Chief Judicial Magistrate, Ferozepur. In other words, the challenge is now only restricted to the enhancement of interim maintenance from Rs.10,000/- per month to Rs.20,000/- per month.

4. Learned counsel for the petitioner submitted that the learned Sessions Judge, Ferozepur while considering the appeal filed by the petitioner did not take into consideration the fact that the petitioner was having no source of income so as to pay an amount of Rs.20,000/- per month as interim maintenance and the business in the nature of running of factories which has been shown and referred to in the judgment passed by the learned Sessions Judge, Ferozepur is a joint property of the family and no presumption can be drawn that the petitioner would be earning Rs.50,000/- per month and the said presumption has been drawn by the learned Sessions Judge, Ferozepur on the basis of which interim maintenance has been enhanced from Rs.10,000/- per month to Rs.20,000/- per month. He further submitted that the petitioner was also re-paying a huge loan which he had taken for purchase of various commercial equipment and large monthly installments pertaining to the aforesaid factories are also being paid and ther