DALIP KUMAR Vs. SUNITA

JUDGEMENT

(1.) THE instant revision petition is directed against the order dated 28.10.2013 passed by the District Judge, Family Court, Ambala at Annexure P -1 in the light of which an application moved by the respondents for grant of maintenance under Section 125 Cr.P.C. had been allowed and an interim maintenance at the rate of Rs. 2500/ - per month from the date of filing of the application had been granted. Learned counsel appearing for the petitioner would assail the impugned order dated 28.10.2013 primarily on the ground that the maintenance of Rs. 2500/ - per month has been fastened upon the petitioner without there being any evidence on record pertaining to his monthly income and without any proof towards such monthly income having been adduced on record.

(2.) HAVING heard counsel for the petitioner and having perused the pleadings on record, I am of the considered view that the present petition is wholly mis -conceived and lacks merit.

(3.) THE District Judge, Family Court, Ambala under such situation has taken a view that even as per the bare minimum wages admissible, a labourer would earn at least Rs. 7000 to 8000/ - per month. Taking notice of the fact that no documentary proof as regards income of the husband having come forth, the District Judge, Family Court, Ambala has proceed on the premises that the income of the husband would be at least at par with the income to be earned by a labourer. On the basis thereof, interim maintenance allowance at the rate of Rs. 2500/ - per month from the date of application had been allowed.