RAVINDER SINGH Vs. PARUL SINGH

JUDGEMENT

(1.) The present revision petition is directed against an order of the learned Metropolitan Magistrate dated 15.11.2006. By that order, the court had directed petitioner, a Lt. Commander in the Indian Navy, to pay Rs. 12,000/- per month to the first applicant wife and Rs. 8,000/- to the second applicant, the minor son from the date of the application, namely, 28th May, 2004, as monthly maintenance.

(2.) It is contended that the impugned order is unsustainable based itself upon the finding that the petitioner earns a monthly salary of Rs. 40,000/-, apart from other perks and that he has no liabilities. Learned counsel submitted that such findings are unsupported by the facts and that the Court gave credence to the statement of the applicant respondent, as the petitioner was set down ex-parte in the proceedings.

(3.) It was also contended that the respondent applicant wife is enjoying salary, working in the Pragyan School, Greater Noida. Reliance was placed on the copy of a salary slip for the period of 1.11.2006 to 30.11.2006 for the purpose. Learned counsel took me through the order sheets of the proceedings before the trial court to say that due to default in compliance with an order in January 2006( as he had to pay Rs. 500/- as costs), he was set down ex-parte and that the subsequent application for setting aside the order, though heard, was rejected. It was contended that this caused him considerable hardship. It was contended that the salary and net disposable income of the petitioner was less than Rs. 40,000/- per month.