PRABHPREET KAUR Vs. ATAMJEET SINGH

JUDGEMENT

(1.) The prayer in this petition is for modification of order passed by the District Judge, Family Court, Ambala for payment of interim maintenance to be effective from the date of filing of application for interim maintenance and not from the date of order. The petition under Section 125 Cr.P.C. was instituted on 06.4.2011 before the Family Court and application for interim maintenance was disposed of on 19.09.2012. Petitioner No. 1 is the wife of respondent and petitioner No. 2 is the minor child born out of the wedlock. The lower Court fixed Rs. 10,000/- per month as interim maintenance to petitioner No. 1 and Rs. 5,000/- per month to petitioner No. 2, the minor child. The other ground taken in the revision was that the amount of interim maintenance awarded is quite on the lower side because the respondent was earning Rs. 94,714/- per month as salary whereas petitioner No. 1 is the household lady looking after the minor child.

(2.) However, learned counsel for the petitioner has confined his argument only to the extent that the interim maintenance may be made effective from the date of filing of the application instead of the date of order. In her application for maintenance, the petitioner stated that the respondent was getting Rs. 1.5 lac per month as salary whereas the respondent pleaded that he was drawing only Rs. 40,000/- per month.

(3.) Learned counsel for the respondent during arguments submitted that because of the stress of marital dispute the employer has terminated the services of respondent w.e.f. 30.09.2012. For that matter respondent is at liberty to apply to the lower Court for seeking alteration of the amount of maintenance on that basis. The respondent, however, has not challenged by way of revision the quantum of maintenance fixed by the lower Court.