CHANCHAL MEHTA Vs. SUPRIYA MEHTA

JUDGEMENT

(1.) Petitioner -Chanchal Mehta has filed the present revision petition to challenge order dated 17.12.2015 passed by Chief Judicial Magistrate, Fazilka, whereby, the respondent has been granted interim maintenance at the rate of Rs. 20,000/ - per month from the date of filing of the application.

(2.) Briefly, the facts of the case as made out in the present petition are that the marriage of the petitioner and respondent was solemnized on 21.1.2006. Both the parties remained together and out of the said wedlock one female child was also born, who is at present residing with the petitioner. After passage of some time, differences arose between the parties and they were not able to pull on their matrimonial life. Respondent -wife filed a petition under Sec. 125 Cr.P.C. for grant of interim maintenance to the tune of Rs. 60,000/ - per month from the date of filing of the application stating therein that she had no source of income and was unable to maintain herself. The petitioner -husband was stated to be earning handsome salary i.e. more than Rs. 18 lacs per annum besides other allowances and having no liability as his father was retired employee from Bharat Heavy Electricals, Ranipur (Haridwar). Reply to the application was filed stating therein that the maintenance petition was filed by the wife as the petitions for grant of custody of the child as well as divorce were pending. It was also stated in the reply that respondent -wife being professionally qualified could earn handsome salary for her livelihood and hence was not entitled for any maintenance. After hearing both the parties and considering their contentions, the petition filed by respondent -wife was allowed on 17.12.2015 by passing the following order: -

(3.) Now the present revision petition has been filed by the petitioner -husband to challenge order dated 17.12.2015, vide which, respondent -wife has been granted interim maintenance at the rate of Rs. 20,000/ - per month from the date of filing of the application.