INDERJIT SINGH Vs. PRABHJOT KAUR

JUDGEMENT

(1.) The present petition filed under Section 482 of the Code of Criminal Procedure lays challenge to order dated 15.5.2012 (Annexure P-4) passed by the trial Court and order dated 3.4.2013 (Annexure P-5) passed by the revisional Court whereby the respondent-wife has been allowed maintenance pendente lite at the rate of Rs. 5000/- per month.

(2.) Counsel for the petitioner submits that in the absence of any prima facie evidence that the husband is earning Rs. 25,000/- per month, the trial Court and the revisional Court have committed grave error and illegality in awarding maintenance pendente lite @ Rs. 5000/- per month. It is further submitted that even if earnings of the petitioner are assessed on the basis of wage admissible to a labourer, his earnings cannot be Rs. 5000/- per month, therefore, the order in regard to his liability to pay maintenance @ Rs. 5000/- per month to the respondent cannot sustain.

(3.) I have heard counsel for the petitioner and gone through the case file.