Daya Chaudhary, J. - (1.) Petitioner -Chanchal Mehta has filed the present revision petition to challenge order dated 17.12.2015 passed by Chief Judicial Magistrate, Fazilka, whereby, the respondent has been granted interim maintenance at the rate of Rs. 20,000/ - per month from the date of filing of the application.
(2.) Briefly, the facts of the case as made out in the present petition are that the marriage of the petitioner and respondent was solemnized on 21.1.2006. Both the parties remained together and out of the said wedlock one female child was also born, who is at present residing with the petitioner. After passage of some time, differences arose between the parties and they were not able to pull on their matrimonial life. Respondent -wife filed a petition under Sec. 125 Cr.P.C. for grant of interim maintenance to the tune of Rs. 60,000/ - per month from the date of filing of the application stating therein that she had no source of income and was unable to maintain herself. The petitioner -husband was stated to be earning handsome salary i.e. more than Rs. 18 lacs per annum besides other allowances and having no liability as his father was retired employee from Bharat Heavy Electricals, Ranipur (Haridwar). Reply to the application was filed stating therein that the maintenance petition was filed by the wife as the petitions for grant of custody of the child as well as divorce were pending. It was also stated in the reply that respondent -wife being professionally qualified could earn handsome salary for her livelihood and hence was not entitled for any maintenance. After hearing both the parties and considering their contentions, the petition filed by respondent -wife was allowed on 17.12.2015 by passing the following order: - "It is admitted fact on file that the applicant is legally wedded wife of respondent. The applicant has specifically averred in her application that she is household lady and she has no source of sufficient or independent income. To rebut the contentions of applicant the respondent has stated that she has professional qualifications and can earn a handsome amount for her livelihood to live a better life. But the respondent has not placed on record any material document in support thereof. Therefore, at this stage it is difficult to believe that the applicant is having sufficient source of income to maintain herself in the absence of any reliable document. Therefore, the applicant is entitled for interim maintenance from her husband being fully dependent upon the income of her husband. The respondent is also under moral and legal obligation to maintain her wife. Now, the question arises as to the amount of maintenance. The applicant has specifically mentioned that, the respondent is serving in Orange Business Services and is earning Rs. 18,00,000/ - per annum besides other allowances. Whereas the respondent admitted that at present he monthly earned Rs. 1,10,000/ - per month from private job after deduction of taxes. He also averred that he has to spent huge expenditure on the litigations filed by the applicant. Therefore, this court is of the opinion that the respondent is having sufficient earnings to maintain the applicant. Keeping in view of the monthly income of the husband and further considering that he has already filed the divorce petition against the present petition. It seems that the respondent himself is not willing to join the company of the applicant at this stage. Accordingly, I deem it fit to grant interim maintenance @ Rs. 20,000/ - per month to the applicant. In view of my above discussions, the application in hand is allowed in the manner that the applicant is granted interim maintenance @ Rs. 20,000/ - per month from the date of filing the application. The respondent is directed to make the payment of arrears of maintenance within 30 days from the passing of this order. The application in hand is disposed of accordingly."
(3.) Now the present revision petition has been filed by the petitioner -husband to challenge order dated 17.12.2015, vide which, respondent -wife has been granted interim maintenance at the rate of Rs. 20,000/ - per month from the date of filing of the application.;