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

CRR(F)-199-2025 Date of Decision: 28.02.2025 Rohan K. Gaur ..... Petitioner Versus Navya ..... Respondent CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Ms. Mehak Ghanga, Advocate for the petitioner.

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JASGURPREET SINGH PURI , J . (ORAL)

1. The present revision petition has been filed for challenging the order dated 19.11.2024 whereby learned Additional Principal Judge, Family Court, Faridabad had fixed interim maintenance for the female child, who is of the age of about 4 years.

2. Learned counsel for the petitioner/husband submitted that the petition under Section 125 Cr.P.C. was filed before learned Family Court by the minor girl only, who is of the age of about 4 years, whereas the mother did not choose to file any petition for grant of maintenance since she is already working and as an interim measure on the basis of the affidavits filed by both the parties, learned Family Court had granted interim maintenance to the minor female child to the tune of (cid:0) 80,000/- per month but with the ratio of 65:35 i.e. 65% of the aforesaid amount to be paid by the petitioner/father and 35% to be paid by the mother since she is also working. In this way, so far as the petitioner is concerned, maintenance of (cid:0) 52,000/-

per month has been fixed and remaining amount of (cid:0) 28,000/- per month has been fixed to be borne by the mother, who is the wife of the petitioner. She further submitted that as per the affidavit which was filed by the mother of the minor child, the total expenditure pertaining to the child has been stated to be (cid:0) 27,750/- per month and therefore, the total interim maintenance which is fixed for the child i.e. (cid:0) 80,000/- per month, out of which, (cid:0) 52,000/- is to be paid by the petitioner is on the higher side and therefore, interim maintenance may either be set aside or may be reduced substantially.

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

4. It is a case where both the spouses are educated and well- settled. As per the impugned order, the couple got married on 07.07.2018 and one female child was born out of the wedlock who is now of the age of about 4 years. Thereafter, matrimonial discord took place between the parties and now the child is in the care and custody of the mother. Learned Family Court while ascertaining the income of the parties observed that so far as the income of the wife i.e. the mother is concerned, she had admitted that her income is (cid:0) 1,22,000/- per month and that of the father, who is the present petitioner, he admitted his income to be (cid:0) 1,90,000/- per month but as per his salary for the month of August, 2024, it was shown to be (cid:0) 2,25,008/- and therefore, for the purpose of ascertaining the quantum of interim maintenance to the child, the income of the mother was taken to be (cid:0) 1,42,710/- per month and the income of the petitioner/father was assessed at (cid:0) 2,25,008/- per month and in this way, learned Family Court divided the total interim maintenance to be granted to the child in the ratio/proportion of 65:35 and consequently, for the petitioner/father (cid:0) 52,000/- per month was fixed.

5. It is the argument raised by the learned counsel for the petitioner that in view of the affidavit which was filed by the mother of the child, the expenditure of the child was about (cid:0) 27,750/- per month and therefore, the interim maintenance which has been fixed to the tune of (cid:0) 52,000/- per month qua the present petitioner is on the higher side. However, a perusal of the aforesaid affidavit would show that it contains the bifurcation of the expenses which has been so stated by the mother of the child pertaining to her education expenses including fee, transport etc. However, considering the status of both the parties where both of them are well-educated and are highly placed and having very high source of income, the expenditure of the child would not be limit