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Vandana Tyagi vs Jatin Tyagi on 24 May, 2018

CR No. 6822 of 2016 (OM) -1-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

CR No. 6822 of 2016 (OM)
Date of Decision: 24.05.2018

Vandana Tyagi …Petitioner

Versus

Jatin Tyagi …Respondent

CORAM:- HON’BLE MR. JUSTICE KULDIP SINGH

Present:- Mr. Namit Khurana, Advocate
for the petitioner.

Mr. Anshul Mangla, Advocate
for the respondent.

********

KULDIP SINGH J. (Oral)

The present civil revision petition has been filed for setting

aside the order dated 08.08.2016 (Annexure P-5), passed by learned

Additional District Judge, Yamuna Nagar at Jagadhri, vide which, the

petitioner was allowed maintenance @ `10,000/- per month for herself and

`5,000/- per month for her daughter in an application filed under Section 24

of the Hindu Marriage Act, 1955, for maintenance pendente lite.

The petitioner is not satisfied with the quantum of maintenance

and present revision petition has been filed for enhancement of the same.

I have heard learned counsel for the parties and have also

perused the impugned order.

The pleadings of the respondent show that according to the

petitioner herself, the respondent is doing business of supplying building

material as a contractor and he is earning minimum of `50,000/- per month.

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CR No. 6822 of 2016 (OM) -2-

Out of those `50,000/-, only `15,000/- has been allowed to the petitioner

and her daughter which is almost 1/3rd of the monthly earnings of the

respondent.

Learned counsel for the respondent has placed on record copy

of the order dated 04.02.2017, passed by Judicial Magistrate First Class,

Yamuna Nagar at Jagadhri, wherein, in an application, filed under Section

125 Cr.P.C., similar interim maintenance was allowed to the petitioner.

I am of the considered view that at this stage, there is no proof

about the exact income of the respondent. Therefore, without any proof of

the higher income, there is no ground to interfere in the impugned order

regarding its quantum.

The present civil revision petition is dismissed, accordingly.

Since the main revision is dismissed, civil miscellaneous

application, if any, shall also stand disposed of.

(KULDIP SINGH)
24.05.2018 JUDGE
Waseem Ansari

Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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