RAJA BABU SINGH Vs. VANDANA TOMAR SINGH

JUDGEMENT

(1.) THIS is a Civil Revision Petition filed by the petitioner under Section 115 CPC against the order dated 15.2.2011 passed by Ms. Reena Singh Nag, the learned Additional District Judge-2, North East, Karkardooma Courts directing the petitioner to pay a sum of Rs.6,000/- per month by way of ad interim maintenance to the respondent and her minor child. In addition to this, the petitioner has also been directed to pay a sum of Rs.10,000/- towards the litigation expenses.

(2.) I have heard the learned counsel for the petitioner. The main contention of the learned counsel is that a sum of Rs.6,000/- which has been fixed by the learned trial court is highly excessive keeping in view the fact that the petitioner is not earning anything and only a notional income of Rs.15,000/- has been considered as his income. It has been stated that the petitioner also has a widowed mother to be maintained apart from supporting his own self and, therefore, in such a contingency, directing the petitioner to pay a sum of Rs.6,000/- per month to the respondent is highly excessive.

(3.) AFTER hearing the learned counsel for the parties and taking into consideration the fact that the parties are having a minor child of three years and the fact that the respondent/wife was not having any independent source of income, the trial court assumed that even though the petitioner may be unemployed but he had the capacity to earn Rs.15,000/- per month as he had admitted to have earned the same before filing of the application. Therefore, a sum of Rs.15,000/- per month was taken to be as the notional income of the petitioner and the court fixed a sum of Rs.6,000/- per month as ad interim maintenance keeping in view the fact that the petitioner had to maintain his widowed mother also apart from his own self. The reasoning given in this regard by the trial court is as under: -