114 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

CRR(F)-534-2025 (O&M)

Date of Decision: 09.04.2025 Davender Kumar ..... Petitioner Versus Sushila and others ..... Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Sagar Doon, Advocate for the petitioner.

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JASGURPREET SINGH PURI , J . (ORAL)

1. The present revision petition has been filed by the petitioner/husband against his wife i.e. respondent No.1 and two minor children i.e. respondents No.2, who is the minor son of the age of 11 years and respondent No.3, who is the minor daughter of the age of 7 years and as per the Memo of Parties, the aforesaid respondents No.2 & 3 have been impleaded through their mother, who is the wife of the petitioner. The impugned order has been passed whereby an interim maintenance of total amount of (cid:0) 9,000/- per month i.e. (cid:0) 4,000/- per month for respondent No.1/wife and (cid:0) 2,500/- per month each has been granted for minor children by learned Principal Judge, Family Court, Bhiwani towards interim maintenance.

2. Learned counsel for the petitioner submitted that although the petitioner and the respondents are living in the same house but the matrimonial dispute has still arisen between them and the respondents have filed a petition for grant of maintenance under Section 125 Cr.P.C. in which an application for grant of interim maintenance was also filed which has been decided by way of impugned order dated 21.01.2025. He further submitted that as per the affidavit of the petitioner pertaining to declaration of assets and liabilities, he is doing a part-time job in Meteorological Department and his monthly income is (cid:0) 7,500/- and as per the affidavit filed by respondent No.1/wife, she does not have any source of income. He submitted that since they are all living in one house, they do not require any maintenance and the petitioner is also taking care of his children. He also submitted that as per the affidavit of the petitioner filed before learned Family Court, his monthly income is (cid:0) 7,500/- whereas the total maintenance awarded to them is (cid:0) 9,000/- per month which exceeds the income of the petitioner and therefore, the impugned order is liable to be set aside.

3. I have heard the learned counsel for the petitioner.

4. The present is a criminal revision petition by which an order passed by learned Family Court, Bhiwani has been challenged whereby interim maintenance to the tune of (cid:0) 9,000/- per month in total i.e. (cid:0) 4,000/- per month for respondent No.1/wife and (cid:0) 2,500/- each for both minor children has been awarded. Respondent No.2 is the minor son of the age of 11 years and respondent No.3 is the minor daughter of the age of 7 years and therefore, both of them are school going children.

5. As per the affidavit filed by respondent No.1/wife as so stated in the impugned order, she has got no source of income and as per the affidavit filed by the petitioner, his income is (cid:0) 7,500/- per month. It is the case of learned counsel for the petitioner that the interim maintenance which has been granted to the respondents is more than the income of the petitioner. However, as per the impugned order, although in the affidavit the petitioner has so stated that his income is (cid:0) 7,500/- per month but it was alleged by the respondent No.1/wife in the application under Section 125 Cr.P.C. that the petitioner is doing a job of Clerk-cum-Temperature Recorder in Weather Department situated in Chaudhary Bansi Lal College and his salary is (cid:0) 80,000/- per month. Since the application was only for grant of interim maintenance and the same was to be decided after considering the affidavits which have been filed and so far as the allegations are concerned, the same are yet to be decided at the time of final adjudication under Section 125 Cr.P.C. Learned Family Judge even after considering the aforesaid salary so stated by the petitioner to be (cid:0) 7,500/- per mont