Crl.
Misc.
not M-3622 of 2013 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Crl.
Misc.
not M-3622 of 2013 (O&M) Date of Decision:
4. 2.2013.
Jugal Kishore .......Petitioner Versus Vandna Kohli .......Respondent CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Surinder Sharma, Advocate for the petitioner.
**** SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 18.8.2012 (Annexure P-5).passed by the learned Additional Sessions Judge, whereby interim maintenance, to the respondent, was enhanced.
Learned counsel for the petitioner has submitted that the Court of Revision has erred in enhancing the amount of interim maintenance to the respondent.
Petitioner was merely earning about ` 13,000/- per month.
Out of the said amount, petitioner has been ordered to pay ` 10,000/- per month to the respondent and the minot child.
After hearing the learned counsel for the petitioner, I am of the opinion that the instant petition deserves dismissal.
Respondent has filed a complaint under the Protection of Women from Domestic Violence Act, 2005.
The case of the respondent, in brief, is that she was married to Crl.
Misc.
not M-3622 of 2013 (O&M) -2- petitioner Jugal Kishore on 12.2.1993.
Sufficient dowry was given by her parents at the time of her marriage.
The petitioner and his family members were not satisfied with the dowry brought by respondent Vandna Kohli.
Consequently, respondent was harassed by the petitioner and his family members on account of insufficiency of dowry and she was asked to bring more dowry.
Respondent was further taunted and maltreated as she had been unable to bear a child.
Parties had adopted Manav as their son.
The petitioner, in his reply, admitted the factum of his marriage to the respondent and adoption of Manav but the other contentions in the complaint were denied.
The Trial Court vide order dated 19.9.2011 (Annexure P-4) allowed the interim maintenance to the respondent to the tune of ` 1500/- per month.
Aggrieved against the said order, respondent preferred a revision petition.
The Court of Revision has enhanced the amount of interim maintenance to the tune of ` 5,000/- per month for the respondent and has further allowed ` 5,000/- per month as maintenance to the minot child.
The Court of Revision while enhancing the amount of interim maintenance has placed reliance on income tax returns of the petitioner, placed on record by the respondent.
The learned Additional Sessions Judge, has further placed reliance on the balance sheet of partnership concern under the name and style of M/s K.V.Electronics, Jamsher Khas, Jalandhar.
It has been noticed by the learned Additional Sessions Judge that the Crl.
Misc.
not M-3622 of 2013 (O&M) -3- petitioner was a partner of the said firm.
There is no dispute that the parties are yet to lead their evidence in support of their respective pleas.
However, the Court of Revision, while enhancing the amount of interim maintenance, has taken in account the documents placed on record by the respondent.
The learned Additional Sessions Judge while considering the documents, placed on record, has observed as under:- “Learned trial court award Rs.2500/- as interim maintenance.
Impugned order is dated 19.9.2011.
Thereafter, the petitioners examined AW-1 Tarsem Lal, Senior Tax Assistant Office of ITO 4(2) Jalandhar and Sh.
J.P.Bhagi, official of Bank of India Jamsher Khas, Jalandhar.
The income tax return Ex A3 of the respondent reveals that he has shown his total income as Rs.161024/- PA for the assessment year 2009.
Mark A also reveals that respondent is running a partnership concern under the name and Style M/s K.V.Electronics, Jamsher Khas, Jalandhar and balance sheet as on 31.3.2007 reveals that its capital as Rs.1822523/- and fixed assets of Rs.1159616/-.
Therefore, gross profit for the year ending 31.3.2007 was Rs.18355685/-.
Thus; he is running a partnership concern.
Statement of AW-2 also reveals that the respondent has CC Bank limit of Rs.18 lacs.
Crl.
Misc.
not M-3622 of 2013 (O&M) -4- No document placed on the record to show that respondent is no more partner of the said firm.
Thus in view of the status of the parties, the petitioner has right to enjoy the same level of status as enjoyed by her in the society of the respondent, the order of the learned trial court granting maintenance to the tune of Rs.2500/- is modified to the extent of Rs.5000/-.
Similarly, interim maintenance is allowed in favour of the minot son Manav to the tune of Rs.5000/- PM considering the needs of the minot child.
The same is awarded to the petitioner and her minot son from the date of filing of application under Section 23 of the D.V.Act.
The present petition is decided accordingly.
This order shall have no bearing on the merits of the case.
Trial court file be returned and file of this court be consigned.”
Thus, the learned Additional Sessions Judge has enhanced the amount of interim maintenance relying upon the documents produced before it.
Hence, no ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE February 4, 2013 Gurpreet