- (1.) CHALLENGE in this criminal Revision petition is to the order dated 4.3.2014 passed by learned District Judge (Family Court), Sonepat, whereby an amount of Rs. 10,000/ - per month was awarded to the petitioners as interim maintenance from the date of application, i.e., 14.1.2013. The litigation expenses were already awarded to the petitioners by a separate order.
(2.) THE learned counsel representing the petitioners submits that the respondent -husband was earning Rs. 36,940/ - per month and, as such, the interim maintenance awarded to the wife and the minor son was on lesser side. He further contends that the school fee, including the bus charges etc., of petitioner No.2 are more than Rs. 14,000/ - per month and, as such, there is scope for enhancement of interim maintenance.
(3.) I have heard the learned counsel for the petitioners and gone through the material available on record. Operative part of the impugned order is as under: - "6. After hearing the learned counsel for both the sides and going through the case file carefully, I am of the considered opinion that the application in question deserves to be allowed. The petitioner No.1 is admittedly, the legally wedded wife of the respondent and petitioner No.2 is their minor son and they are living separately. The question as to whether petitioner No.1 alongwith minor son has been turned out of her matrimonial home or that she is living there of her own, shall be a matter of evidence and the evidence in this case is yet to led. It is the legal and moral duty of the respondent to maintain the petitioners who are his wife and minor son. There is nothing to show that petitioner No.1 is having any source of income. On the other hand, the respondent is admittedly, a Government JBT teacher. The respondent has himself produced on record copy of his salary slip for the month of January, 2014. As per the same, his gross salary is Rs. 36,940/ - and after deductions of Rs. 9433/ -, his carry home salary is Rs. 27,507/ - per month. The contention of the learned counsel for the respondent is that he is paying monthly installments of loan of Rs. 8502/ - in HDFC Bank, Gohana, and the said loan shall be over by paying the last installment in June, 2015. His further contention is that the respondent is also paying yearly installment of Rs.71,685 of LIC and in addition thereto, he is also paying half yearly installment of LIC of Rs. 2,618/ -. However, the said installments of LIC and loan repayment cannot be taken into consideration because the first requirement is to spend on sustenance of self and dependant wife and children and the question of savings and other incidental things would come afterwards. It is so far well settled that the wife and children are entitled to the same standard of living as that of her husband/father. Thereafter, keeping in view the facts and circumstances of the case and social background of the parties, it would be just and expedient if an amount of Rs. 10,000/ - per month is awarded to the petitioners as interim maintenance from the date of application, i.e., 14.1.2013 and I order accordingly. The litigation expenses have already been awarded to the petitioners separately.";