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Pardeep vs Poonam on 30 May, 2019

CR-3695-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CR-3695-2019 (OM)
Date of decision: 30.05.2019

Pardeep
…Petitioner
Versus

Poonam
…Respondent

CORAM: HON’BLE MR.JUSTICE H.S. MADAAN

Present: Mr. Pawan Attri, Advocate for the petitioner.

****

H.S. MADAAN, J. (Oral)

This revision petition is directed against the order dated

10.04.2019, passed by Addl. District Judge, Fatehabad, vide which, in

proceedings in divorce petition titled ‘Pardeep Vs. Poonam’, on an

application having been filed by applicant/wife Poonam, she had been

granted interim maintenance @ Rs.17,000/- per month for herself as well

as minor son of the parties.

The grouse of the revisionist/husband is that the maintenance

has been wrongly granted and in any case, it is on the higher side.

I have heard learned counsel for the revisionist besides going

the record and I find that there is absolutely no merit in the revision

petition. The relationship of husband and wife between the parties is

admitted, so is the fact that they are residing separately and the wife is

taking care of minor son of the parties. There is nothing on record to

show that the wife and the minor son have got any source of income,

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CR-3695-2019 -2-

whereas, learned trial Court on the basis of evidence produced before it,

has noticed that as per salary certificate of revisionist for the month of

March, 2019, his salary is over Rs.53,000/- per month, though, he is

getting deductions of Rs.3150/- towards income tax and Rs.2073/-

towards PF per month and making voluntary Provident Fund contribution

of Rs.10,366/- per month. His net carry home salary being Rs.37,411/-

per month. Learned trial Court has rightly noticed that any such

deduction over and above the mandatory requirement towards PF or

towards personal loan is not to be deducted from the earning of the

husband and the voluntary contribution made by the husband are to be

considered while assessing his earnings. In that way, carry home salary of

the petitioner has been assessed to be Rs.48,000/- per month. Considering

the status of the parties and other facts and circumstances, the trial Court

has granted a sum of Rs.17,000/- per month as maintenance pendente lite

from the date of filing of application and Rs.4400/- towards litigation

expenses. Keeping in view the fact that the things of the basic needs are

getting very costly these days and the studies of a small child in a

reasonable good school also require spending of a considerable amount,

the amount of Rs.17,000/- per month awarded cannot be said to be

unjustified or on higher side. The revisionist is liable to maintain his wife

and minor child, who are unable to maintain themselves. The fact that the

wife and minor son are residing in the house of the revisionist does not

affect their claim for maintenance for meeting their other basis

requirements.

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CR-3695-2019 -3-

The order is certainly not perverse or arbitrary and it does

not suffer from any illegality or infirmity, much less apparent on the face

of it, which might have called for interference by this Court, while

exercising revisional jurisdiction. Thus, finding no merit in the revision

petition, the same stands dismissed.

30.05.2019 (H.S. MADAAN)
sumit.k JUDGE

Whether speaking/reasoned : Yes No
Whether Reportable : Yes No

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