SWARN SINGH Vs. RAJ KOUR

JUDGEMENT

(1.) This Civil Revision is directed against order dated 23/3/2005 of learned Additional District Judge, (Matrimonial cases), Jammu, whereby the petitioner has been directed to pay an amount of Rs. 2,000.00 (Rupees two thousand) as maintenance pendente lite, which includes an amount of Rs. 1,000.00 (Rupees one thousand), awarded by learned Munsiff, Judicial Magistrate 1st Class (Forest Cases), as maintenance under Section 488 Cr. P. C.

(2.) Sh. K. S. Johal, learned counsel appearing for petitioner-husband, submits that learned Additional District Judge (Matrimonial cases), Jammu, has erred in appreciating evidence which was led by the parties, for and against, the application seeking grant of maintenance pendente lite. He further submits that no reason has been given by the learned Additional District Judge (Matrimonial Cases), Jammu, to reject the evidence of the petitioner husband.

(3.) In nut-shell learned counsel submits that the order impugned suffers from non-application of mind. He submits that petitioner is a Chowkidar in MES and has the responsibility of feeding his brother widowed sister and father and the amount of maintenance pendente lite awarded against him, in any case is excessive. He submits that in case the maintenance is required to be paid the amount of maintenance per month, be reduced.