MOHAN SINGH Vs. PRINCIPAL JUDGE FAMILY COURT

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for quashing the ex-parte order dated 24. 01. 2008 passed by Principal Judge, Family Court, Dehradun in Case No. 422 of 2006, Smt. Harvindra Kaur Vs Mohan Singh whereby the learned Principal Judge awarded a sum of Rs. 3,000/- per month as interim maintenance.

(2.) LEARNED counsel for the petitioner has submitted before the Court that the petitioner is getting only Rs. 3,800/- per month and it is very difficult for him to pay a sum of Rs. 3,000/- per month as maintenance allowance because he is also having his old parents, sisters and brother to feed.

(3.) HAVING considered the arguments advanced by learned counsel for the petitioner and perusing the entire material available on record, I am of the view that at this stage, the impugned judgment and order does not require any interference. Perusal of the petition shows that the petitioner himself mentioned his basic pay as Rs. 4,000/ -. Under these circumstances, I do not find any force in the submission advanced by the learned counsel for the petitioner that the petitioner is getting Rs. 3,800/- per month only. The finding recorded by the learned Principal Judge, Family Court, Dehradun is perfectly justified in awarding the interim maintenance. The petition lacks merit and is liable to be dismissed. Accordingly, the petition is dismissed in-limine.