High CourtsSingle Bench(2018) 09 P&H CK 0158

Kavita vs Ravinder @ Ravi and others

Punjab And Haryana At Chandigarh · Decided on 20 September 2018

HON’BLE JUDGES
Jaishree Thakur, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision No. 2487 of 2018 (O&M)

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Judgment

15 paragraphs · 235 words

This is an application filed under Section 5 of the Limitation Act seeking condonation of delay of 254 days in filing the present revision.

For the reasons mentioned in the application, the same is allowed.

Delay of 254 days in filing the revision is condoned.

Learned counsel for the petitioner seeks to challenge the interim maintenance orders passed by the Courts below wherein the respondent has been

directed to pay a sum of Rs. 5,000/- per month in proceedings under Protection of Women from Domestic Violence Act, 2005. The Sub Divisional

Judicial Magistrate, Hansi allowed interim maintenance @ Rs. 5,000/- per month which order has been affirmed in

revision. An argument has been raised by learned counsel for the petitioner that the respondent is running a garment business and, therefore, the

amount of maintenance as assessed is on the lower side.

Heard.

Both the Courts below have taken note of the fact that no evidence has been produced to substantiate the claim of the petitioner that the respondent is

earning through the garment business. Even in the proceedings, neither the name of the shop wherein the alleged business of garments was run or the

properties owned by the respondent, has not been provided.

It is only interim maintenance that has been assessed, therefore, at the present moment, this Court does not find any ground to interfere in the orders

passed by the Courts below.

Dismissed.