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2014 DIGILAW 1437 (PNJ)

Baljit Kaur v. Pushpinder Singh

2014-10-16

AJAY TEWARI

body2014
JUDGMENT Mr. Ajay Tewari, J. (Oral) - This petition has been filed for the enhancement of maintenance and for modifying the order dated 20.02.2013 passed by the Additional Sessions Judge, Chandigarh. 2. Reply filed is taken on record. Copy has been supplied. 3. The admitted facts are that when the petition was filed the salary of the respondent was Rs.10,000/- to Rs.12,000/- p.m. The Court below awarded Rs.4000/- p.m. as maintenance. 4. Learned counsel for the petitioner has argued that during the pendency of this petition the salary of the respondent has gone up to Rs.32,000/- p.m. and consequently the maintenance awarded to the petitioner is highly inadequate. 5. Learned counsel for the respondent does not dispute the fact that salary of the respondent has gone up but states that in another claim under the Domestic Violence Act the petitioner is also getting Rs.2000/- p.m. 6. Learned counsel for the petitioner states that in the facts and circumstances of the case the maintenance should have been Rs.8000/- p.m. and not Rs.4000/- p.m. 7. Learned counsel for the respondent states that the Rs.8000/- p.m. cannot be made payable from the date of the application because on that date the salary of the respondent was Rs.10,000/- to Rs.12,000/- as admitted by the petitioner. 8. In these circumstances, it would be equitable to grant an amount of Rs.4000/- p.m. more to the petitioner. Ordered accordingly. However, it is clarified that the amount of Rs.4000/- more which has been awarded by this Court would be payable only from the date of revision of the pay of the respondent to Rs.32,000/- as stated. 9. Petition stands disposed of in the above terms. 10. Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. ---------0.B.S.0------------ —————————