Criminal Misc. No. M-31717 of 2009 [ 1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-31717 of 2009 (O&M)
Date of decision:11.11.2009
Jagmeet Singh
.. Petitioner
v.
Gurdarshan Kaur and another
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. Sushil Jain, Advocate for the petitioner.
..
Rajesh Bindal J.
Challenge in the present petition is to the order dated 28.10.2009,
passed by the learned court below, whereby on an application filed by the
respondents under Section 125 Cr.P.C., maintenance of Rs. 5,000/- per month has
been fixed by the court for the wife as well as the minor daughter.
Though the petitioner claimed that he is working as labourer on a
steel fabrication shop and earning merely Rs. 3,600/- per month and it is not
possible for him to pay maintenance of Rs. 5,000/- per month to the respondents,
however, at the time of hearing, learned counsel for the petitioner did not dispute
the fact, as noticed by the learned court below in the impugned order, that father of
the petitioner is working in Saudi Arabia and his younger brother is studying in
Australia, which necessarily means that financial position of the family is well-off
and the claim of the petitioner that he is merely working as a labourer on a tea
fabrication shop cannot, prima facie, be accepted.
Considering the above facts, I do not find any merit in the present
petition. Accordingly, the same is dismissed.
(Rajesh Bindal)
Judge
11.11.2009
mk