Crl.M.No.69800-M of 2006
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.M.No.69800-M of 2006.
Decided on August 12, 2009.
Harbans Singh
.. Petitioner
VERSUS
Smt.Rajbala and another.
.. Respondents
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CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.Ashok Giri, Advocate,
for the petitioner.
Mr.Vikram Sheoran, Advocate,
for the respondents.
M.M.S. BEDI, J. (ORAL)
Petitioner has been ordered to pay a sum of
Rs.1200/- per month to the respondents i.e., Rs.700/- per month to
petitioner No.1-wife and Rs.500/- per month to petitioner No.2 son,
from the date of petition i.e., 10.04.1996, vide order dated
28.01.2006. The said order has been modified while exercising the
revisional jurisdiction in two revision petitions filed by both the
parties. Vide order dated 20.09.2006, the amount of maintenance
has been enhanced and it has been held that the wife will be entitled
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Crl.M.No.69800-M of 2006
to maintenance of Rs.2,000/- per month whereas the child will be
entitled to maintenance of Rs.1,000/- per month i.e., a total sum of
Rs.3,000/- w.e.f., the date of application i.e. 10.04.1996, has been
granted.
Counsel for the petitioner has contended that the
respondent is able to earn and the fact that she has got resources to
maintain herself, has been ignored.
After hearing counsel for the petitioner as well as
counsel for the respondent, the impugned order dated 20.09.2006, is
modified only to the extent that the enhanced amount of maintenance
will be payable w.e.f., the date of order passed by the revisional
Court i.e., w.e.f., 20.09.2006. The respondent will be liable to pay
the amount of maintenance awarded by the Judicial Magistrate First
Class, Jind, till 20.09.2006.
With above modification, the present petition is
allowed.
(M.M.S.BEDI)
JUDGE
August 12, 2009.
rka
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