In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 1577 of 2009
Date of decision: July 14, 2009
Surinder
.. Petitioner
Vs.
Saroj
.. Respondent
Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Madan Pal, Advocate for the petitioner.
Mr. Ashish Gupta, Advocate for the respondent.
A.N. Jindal, J
The petitioner has filed this petition against the order dated
20.2.2009 passed by the learned Additional District Judge, Panipat, ordering
him to pay sum of Rs.4000/- to the respondent No.1-Saroj for herself and
Rs.2000/- each for two minor children.
There is no denying a fact that the respondent is the wife of the
petitioner and they have two children. It is also not in dispute that the
children are in the care and custody of the respondent. It has also not been
denied that the petitioner is an employee in the Co-operative Bank and is
fetching salary to the tune Rs.13461/- per month, but it would be too harsh
to award more than half of his salary for maintenance. Besides, he himself
he has to maintain his old parents. He has to maintain his own status in the
society. It may further be observed that the respondent is living with her
children in the house of the petitioner. As such, maintenance to the tune of
Rs.8000/- would be harsh enough and requires modification.
Accordingly, this petition is partly allowed so as to reduce the
maintenance to Rs.3000/- p.m. for the respondent No.1 and Rs.3500/- p.m.
for both the minor children on account of interim maintenance, from the
date of filing of the application. However, no reduction is made in the
litigation expenses.
July 14, 2009 (A.N. Jindal) deepak Judge