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.
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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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