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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
Ravinder – Appellant
Versus
Babita Devi – Respondent
JUDGMENT :
NEERJA K. KALSON, J.
1. The present revision petition has been filed under Section 401 Cr.P.C. by the petitioner-husband assailing the judgment/order dated 27.01.2021 passed by the learned Principal Judge, Family Court, Rewari whereby the application under Section 127 Cr.P.C. filed by respondent Nos.1 and 2 for enhancement of maintenance has been allowed and the maintenance has been enhanced from Rs.3,000/- per month to Rs.11,000/- per month (Rs.5500/- to respondent No.1-wife and Rs.5500/- to respondent No.2-minor daughter).
2. Learned counsel for the petitioner submits that the learned Family Court has gravely erred in enhancing the maintenance to an excessive amount without there being sufficient proof of the income of the petitioner. It is contended that the petitioner is merely a labourer earning a meager income and the learned Court below has wrongly presumed his income on conjectures and surmises. It is further argued that the agricultural land is not owned by the petitioner but stands in the name of his father and, therefore, no income therefrom can be attributed to him.
3. Per contra, learned counsel appearing on behalf of respondent Nos. 1 and 2 has supported the im
Point of law: Claim of maintenance by wife - Maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be s....
Court can enhance maintenance based on changed financial circumstances and increased cost of living, considering the petitioners' needs and respondents' income.
Maintenance amounts must reflect the reasonable needs of the payee balanced against the payer's financial capacity, ensuring no excessive burden on the payer.
The court upheld the enhancement of maintenance due to increased salary and living costs, affirming the obligation to support dependents at a standard of living commensurate with the petitioner's sta....
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