In the High Court of Punjab and Haryana at Chandigarh

115

CRR-697 of 2023

Date of Decision: 16.03.2023

Rajni Lingwal

---Petitioner

versus

Deepak Lingwal and another

---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Saurabh Singla, Advocate

for the petitioner.

****

JAGMOHAN BANSAL, J. (ORAL)

The petitioner, through the instant petition is seeking

setting aside of order dated 07.01.2023 whereby Additional Sessions

Judge, (Fast Track Special Court), Kurukshetra has dismissed appeal

of the petitioner filed against order dated 4.7.2022 passed by JMIC,

Kurukshetra allowing maintenance of Rs. 8000/- per month to the

petitioner.

The brief facts emerging from record are that marriage of

the petitioner was solemnized with respondent No. 1 on 12.10.1994.

They were blessed with two children i.e. one daughter and one son.

For the reasons best known to the parties, couple could not enjoy the

fruits of marriage tree and they parted their ways. Both the children

were staying with the respondent herein. The daughter has got

married and son is studying abroad. The cost of marriage of the

daughter and study of son is born by the respondent. The petitioner

preferred application under Section 12 of Protection of Women from

Domestic Violence Act, 2005 (for short “D.V.Act”) before Magistrate

seeking maintenance. The Magistrate in terms of Section 12 read with

PARAMJIT KAUR SAINI

2023.03.16 17:52

I attest to the accuracy and

authenticity of this order/judgment

CRR-697 of 2023

-2-

23 of D.V.Act granted interim maintenance of Rs. 8,000/- per month.

Being dissatisfied, the petitioner unsuccessfully assailed

order dated 4.7.2022 passed by Magistrate before Sessions Court.

Learned counsel for the petitioner inter alia contends that

respondent-husband is getting salary more than Rs. 90,000/- per

month whereas petitioner has been granted maintenance of Rs. 8,000/-

per month which is in no way can be justified especially in view of the

present cost of living. The petitioner is a 54 years old lady, thus,

amount of maintenance needs to be enhanced.

I have heard learned counsel for the petitioner and

perused the record.

From the perusal of record, it can be gleaned that

petitioner is staying with her mother and there is no cost of rent. It is

the respondent-husband who is maintaining both the children. The

cost of marriage of daughter as well cost of education of son was/is

born by the respondent-husband. The respondent is also having

responsibility of his mother. The Magistrate as well Appellate Court,

after considering all these facts and figures have awarded interim

maintenance of Rs. 8,000/- per month to the petitioner.

It is apt to mention here that the maintenance awarded by

Family Court is interim, thus, petitioner would get opportunity to put

forth his stand at the time of determination of final maintenance.

Disposed of.

16.03.2023

( JAGMOHAN BANSAL )

paramjit

JUDGE

Whether speaking/reasoned : Yes

Whether reportable : Yes/No

PARAMJIT KAUR SAINI

2023.03.16 17:52

I attest to the accuracy and

authenticity of this order/judgment