SHUBHAM v. SEEMA
Court: High Court of Punjab and Haryana
Bench: MRS. JUSTICE AMARJOT BHATTI
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-08-20. SHUBHAM v. SEEMA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-353-2025 (O&M) Date of Decision:- 20. 08. 2025 Shubham .... Petitioner Vs. Seema .... Respondent CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. J. P. Sharma, Advocate for the petitioner. ***** AMARJOT BHATTI, J. (Oral) CRM-10454-2025 This is an application filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for placing on record copy of BPL Card dated 20. 12. 2023 (Annexure P-1) and family ID dated 02. 02. 2021 (Annexure P-2). For the reasons enumerated in application, same is allowed. Accompanying documents Annexure P-1 and Annexure P-2 are taken on record, subject to all just exceptions. Main case Petitioner Shubham has filed revision against impugned order dated 31. 01. 2025 passed by learned Principal Judge, Family Court, Camp Court, Mohindergarh vide which interim maintenance has been granted in MNT No. 50-22 dated 15. 07. 2022 titled “Smt. Seema Vs. Shubham” under Section 125 Cr. P. C. 2.
Learned counsel for petitioner while challenging interim maintenance granted in favour of respondent-wife took the stand that facts and circumstances of case have not been rightly considered by the trial Court. Infact, respondent-wife left matrimonial home on her own. Petitioner belongs to Below Poverty Line (BPL) family and their Ration Card is Annexure P-1 and Family ID is Annexure P-2. Total annual family income is Rs. 32,000/-. Apart from this, petitioner is suffering from various ailments. His mother is handicapped and his brother is suffering from epilepsy. On the other hand, respondent is an educated lady. She is giving tuition and earning by doing knitting work. Learned trial Court wrongly assessed income of petitioner as Rs. 15,000/- per month and further wrongly granted interim maintenance of Rs. 5,000/- per month alongwith litigation expenses.
It is submitted that impugned order passed by learned Principal Judge, Family Court, Camp Court, Mohindergarh may kindly be set aside in the interest of justice. 3. No purpose would be served by issuing notice to respondent as the facts are clear from impugned order annexed with present revision. 4. I have considered the arguments and have gone through the impugned order. Admittedly, respondent is legally wedded wife of present petitioner Shubham. They got married on 14. 11. 2021 and out of this wedlock, they do not have a child. Due to matrimonial dispute, both parties are residing separately. Allegations and counter-allegations levelled by wife and husband are matter of trial. At this stage, there is nothing on record to show that respondent-wife is earning hand. Even if it is considered that petitioner-husband is having BPL Ration Card, that does not mean that he is not liable to maintain his wife.
In the absence of any document showing income for grant of interim maintenance, learned Principal Judge, Family Court, Camp Court, Mohindergarh had no alternative but to assume the income of present petitioner-husband by guess work. Therefore, learned Principal Judge, Family Court, Camp Court, Mohindergarh while granting interim maintenance assumed income of petitioner-husband as Rs. 15,000/-per month and thereafter, granted interim maintenance to respondent-wife @ Rs. 5,000/- per month alongwith litigation expenses to the tune of Rs. 5,500/- per month. Considering the present day expenditure, interim maintenance granted in favour of wife @ Rs. 5,000/- per month is neither excessive nor unreasonable. 5. Therefore, I do not find any reason to interfere in findings given by learned Principal Judge, Family Court, Camp Court, Mohindergarh vide order dated 31. 01. 2025 and same is, accordingly, upheld. 6.
Resultantly, present criminal revision preferred by petitioner Shubham is, accordingly, dismissed. 7. Pending miscellaneous application, if any, shall also stands disposed of accordingly. (AMARJOT BHATTI) JUDGE 20. 08. 2025 lalit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Source: High Court of Punjab and Haryana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.