IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-586-2025(O&M)

Date of Decision: 04.03.2025 Chirag Kapoor ....Petitioner Versus Nancy and another .....Respondents CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Angel Sharma, Advocate, for the petitioner.

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JASGURPREET SINGH PURI , J. (Oral)

1. The present revision petition has been filed challenging the order dated 28.11.2024 passed by learned Additional Sessions Judge, Chandigarh, vide which the learned Revisional Court has allowed the revision petition of the respondent-wife and has modified the interim maintenance granted to the respondent-wife and minor child who is of the age of 4 years.

2. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the husband and respondent No.1 is his wife regarding which there is no dispute. Respondent No.2 is a female child of the age of 4 years who was born from the wedlock of the petitioner and respondent No.1 regarding which also there is no dispute. He submitted that the petitioner and respondent No.1 got married to each other on 09.03.2019 and respondent No.2 was born out of the wedlock on 06.01.2020 and after few years a matrimonial dispute arose between the parties and thereafter, respondent No.1 and 2 started residing separately from the petitioner at the parental home of respondent No.1. He further submitted that respondent No.2 is of the age of 4 years and is under the care and custody of respondent No.1-wife and they filed a petition under Section 125 of the Code of Criminal Procedure against the petitioner in which an application for grant of interim maintenance was also filed. He submitted that learned Judicial Magistrate First Class, Chandigarh vide order dated 19.01.2022 allowed the application for grant of interim maintenance and granted an interim maintenance of Rs.9,000/- per month to respondent No.1- wife and Rs. 6,000/- per month to respondent No.2-minor child and in this way, total amount of Rs. 15,000/- per month as interim maintenance was awarded by the learned Judicial Magistrate First Class, Chandigarh to the respondents. He submitted that the petititioner has been paying the aforesaid maintenance from time to time. However, the respondents filed a revision petition assailing the aforesaid order dated 19.01.2022 before the learned Additional Sessions Judge, Chandigarh which was allowed by way of impugned order and the interim maintenance has been enhanced to the tune of Rs.18,000/- per month for respondent No.1-wife by way of modification of the order and Rs.10,000/- per month for respondent No.2-child and therefore, total amount of interim maintenance of Rs.28,000/- per month has now been fixed by way of aforesaid impugned order passed by the learned Additional Sessions Judge, Chandigarh in revision petition.

3. Learned counsel submitted that challenge in the present revision petition is only to the aforesaid order passed by the learned Additional Sessions Judge, Chandigarh, vide which the amount of interim maintenance was enhanced and no challenge has been laid to the order passed by the learned Judicial Magistrate First Class, Chandigarh because the aforesaid order has been accepted by the petitioner and he has been regularly paying the amount of maintenance so fixed.

4. Learned counsel also submitted that the learned Judicial Magistrate First Class, Chandigarh has referred to the respective affidavits of declaration of assets and liabilites of both the petitioner and respondent No.1- wife. He submitted that so far as respondent No.1-wife is concerned, as per her affidavit, she has no source of income and she has got no movable or immovable property and the petitioner-husband has also not disputed the same. He submitted that the minor child is in the care and custody of respondent No.1-wife regarding which also there is no dispute. He submitted that so far as the petitioner-husband is concerned, he is agitating the quantum of maintenance which has been enhan