PARGAT SINGH Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) The present petition directs challenge against orders dated 21.4.2015 (Annexure P-1) passed by the Judicial Magistrate 1st Class, Chandigarh and dated 28.7.2015 (Annexure P-2) by the Additional Sessions Judge, Chandigarh whereby maintenance was awarded at the rate of Rs. 6000/- to respondent No. 1 and 4000/- to respondent No. 2 by the trial court and the order passed by the trial court has been affirmed in revision.

(2.) The petitioner solemnized marriage with Sukhwinder Kaur, respondent No. 1 on 2.3.2002. Out of the wedlock, respondent No. 2 was born on 7.1.2003. There were marital differences between the petitioner and respondent No. 1 and the parties got entangled in civil as well as criminal litigation. The respondents filed application under section 125 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") in June 2009 that came to be decided by the trial court in April 2015 and the respondents have been allowed maintenance from the date of filing of the application.

(3.) The sole submission made by counsel for the petitioner is that the courts below have committed a serious error rather illegality by allowing maintenance at the rate of Rs. 10,000/- per month from the date of application. To substantiate his contention, it has been argued that in the years 2009 to 2011, salary of the petitioner was ranging between 10,000/- to 15,000/- per month, therefore, liability of the petitioner to pay pendente-lite maintenance may be reduced to what was allowed as interim maintenance.