REAR ADMIRAL KARAMBIR SINGH Vs. NAVNEET NIJJAR

JUDGEMENT

(1.) THE revision petition is against the interim maintenance granted by the matrimonial court increasing the maintenance awarded to the wife from Rs. 10,000/ - to Rs. 22,000/ - per month. The husband is a Rear Admiral and said to be earning income of Rs. 1,46,000/ -. There had been deductions in his salary and I have gone through the compulsory deductions which are possible and I find that his net income after payment of income tax and provident fund contributions is in the range of Rs. 1,03,000/ -. There are other deductions for some amenities which he has obtained to himself. The wife who had been previously employed and the Court has considered the fact also that the husband is taking care of the educational expenses of his children. Both of whom are in good institutions of learning. The Court has dealt with the same and held that the wife must live commensurate with the status of the husband. Learned counsel argues that his own income left after incurring the expenses for education of the children is very minimal and no more than Rs. 8,000/ - could be spared to the wife. He has himself voluntarily made a payment of Rs. 10,000/ - and increase to Rs. 22,000/ - to be effective from the date when the petition was filed in the year 2010 ultimately would mean that he has to pay up about Rs. 4 lacs which as a person in defence service, he could ill afford. Learned counsel also refers to me the judgments of this Court in Smt. Indu Vs. Dr. Om Parkash Baghel, 2010 (5) RCR (Civil) and Neeta Rakesh Jain Vs. Rakesh Jeetmal Jain : 2010(12) SCC 242 where dealing with the case of a person earning Rs. 2 lacs the Court has provided for maintenance at Rs. 15,000/ -. In yet another case before the Supreme Court the Supreme Court has intervened with the order of this Court to provide for enhancement of maintenance against a Chartered Accountant husband to pay a maintenance of Rs. 20,000/ -. The inference of law for the learned counsel is that if for an assessment of income at Rs. 2 lacs the Courts were awarding maintenance at Rs. 10,000/ - or Rs. 20,000/ - respectively by this Court and the Supreme Court, the assessment of maintenance at Rs. 22,000/ - was grossly high. I cannot make any such understanding of law. The educational bills said to have been defrayed for his children shown before me are not monthly payments and if at the time of admission or the beginning of academic year the husband has undertaken a liability to pay about Rs. 1,00,000/ - and Rs. 70.000/ - for the daughter and son respectively, I will not take this to be a recurrent expenses that deprived the husband to support the wife to the tune of Rs. 22,000/ -. The husband would rather maintain a life status such as that he make available the maintenance awarded by the Court below which in my view, is appropriate for a person of her status as a wife of Rear Admiral serving in the Indian Navy. An intervention in revision to an order of interim maintenance, I would be loath to make unless it is capricious and grossly inconsistent with evidence. I find no serious error in the order. I will not make any intervention. The civil revision is dismissed.