LAWS(P&H)-2014-5-663

VIKRAMPAL SINGH Vs. SANDEEP KAUR AND ORS.

Decided On May 20, 2014
Vikrampal Singh Appellant
V/S
Sandeep Kaur And Ors. Respondents

JUDGEMENT

(1.) Having married non-applicant/petitioner-husband Vikrampal Singh on 27.9.2009 and having a daughter born on 12.8.2010 from this marriage, the applicant-wife by way of application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) in a petition for divorce under Section 13 of the Act preferred by non-applicant/husband, had sought interim maintenance for herself and the child, which was granted to the extent of Rs.2,500/- per month for the wife and Rs.1,500/- for the daughter vide order of 12.4.2013 by the Court of Additional Sessions Judge (Fast Track), Rup Nagar from the date of application viz. 28.1.2013.

(2.) This order is under challenge at the behest of the nonapplicant/ petitioner husband in this revision petition preferred by him invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India. It is claimed by the revision petitioner/non-applicanthusband that in a separate proceeding under the Protection of Women From Domestic Violence Act, 2005 (hereinafter mentioned as the 2005 Act) the court concerned has already ordered him to pay Rs.4,500/- per month as rent (of the premises to be provided to the wife) and has also been ordered to pay yet another Rs.4,000/- as maintenance. It is further claimed that when his income has been found to be in the range of Rs.8,000/- to 10,000/- per month, and when he is already paying Rs.4,500/- as rent + Rs.4,000/- as maintenance to the wife and the child, he is not in a position to spare another amount of Rs.4,000/- to be paid to the wife, as has been ordered now vide the impugned order.

(3.) Hearing has been provided while perusing the paper book.