IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

1. CRR(F)-903-2022(O&M)

Reserved on : 01.08.2025 Pronounced on: 08.10.2025 SHIVANI GARG AND ANR ..... Petitioners VERSUS RAJIV GARG ..... Respondent

2. CRR(F)-717-2022(O&M)

RAJIV GARG ..... Petitioner VERSUS SHIVANI GARG AND ANR ..... Respondents CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. Kanwaljit Singh, Senior Advocate with Mr. Veer Iman Singh Gill, Advocate and Ms. Anchal Kathuria, Advocate for the petitioners in CRR(F)-903-2022 and for the respondents in CRR(F)-717-2022.

Mr. Siddharth Gupta, Advocate for the petitioner in CRR(F)-717-2022 and for the respondent in CRR(F)-903-2022.

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KIRTI SINGH , J. (ORAL)

This common judgment shall decide the aforementioned revision petitions, as they stem from the same impugned order dated 14.07.2022. For the sake of brevity the facts are being extracted from CRR(F)-903-2022.

2. The present petition has been preferred seeking enhancement of the quantum of maintenance granted to the petitioners vide order dated 14.07.2022 passed by learned Principal Judge, Family Court, Bathinda, under Section 125 of the Cr.P.C., whereby final maintenance of Rs.35,000/- per month was awarded in favour of the petitioner No.1-wife and Rs.15,000/- per month was awarded in favour of petitioner No.2-son. Modification of the order qua the date of grant of maintenance at this rate is also sought.

3. Succinct factual narrative relevant for the disposal of the petition is that the marriage between petitioner No.1-wife and respondent- husband was solemnized on 21.06.2003 as per Hindu rites and ceremonies and out of said wedlock, one male child i.e. petitioner No.2 was born on 07.04.2004, who has been residing with petitioner No.1. A matrimonial dispute ensued between the couple, whereafter the petitioners filed a petition under Section 125 Cr.P.C. for seeking maintenance. The respondent filed a reply and contested the claim made by the petitioners. The learned Family Court vide order dated 14.07.2022 granted maintenance of Rs.35,000/- per month in favour of petitioner No.1 and Rs.15,000/- per month in favour of petitioner No.2. Aggrieved by the same, the petitioners have approached this Court by filing the present petition.

4. Learned counsel for the petitioners submits that the respondent had subjected petitioner No.1 to constant harassment, physical assault, and cruelty throughout their marriage. In fact she was subjected to beatings on 02.11.2008, compelling her to leave the matrimonial home along with her minor son and taking shelter at her parental house in Bathinda. On 16.11.2008, the respondent even trespassed into her parental home, assaulted and threatened her, leading to registration of FIR No.897 dated 16.11.2008 KAVITA NAIN under Sections 451, 323 and 506 IPC, in which he was convicted by the learned JMIC, Bathinda. Petitioner No.1, having no independent source of income, was constrained to file an application under Section 125 Cr.P.C. on 10.06.2009, seeking maintenance for herself and her (then) minor son. During the course of hearing of the said application, the petitioners duly proved, by way of evidence, the fact that the respondent is gainfully employed at a senior position in Maruti Udyog. It is submitted that the salary slips (Ex. CW3/A) and the own affidavits of the respondent disclosed his income as being in the range of Rs.3,00,000/- to Rs.5,00,000/- per month, despite attempts by the respondent to misrepresent his true earnings by projecting inflated deductions and understated figures. In fact, the respondent during his cross-examination revealed his annual income as being Rs.44,00,000/-. All the points, also raised herein, by the respondent to contest the claim of the petitioners were duly addressed and discredited by the learned Family Court, holding the petitioners entitled to receive maintenance from the respondent. However, only a sum of Rs.35,000/- per month to petitioner No.1 and Rs.15,000/- per month to petitioner No.2 was awarded, t