High Court of Punjab and Haryana, Chandigarh
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Dr. Punam Singla & Anr v. Dr. Arvind Singla - CRM-42104-m-2004  RD-P&H 2362 (18 April 2006)
CRIMINAL MISC. NO.42104 -M OF 2004 (O&M) DATE OF DECISION: March 31, 2006.
Dr. Punam Singla and another
Dr. Arvind Singla
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Vijay Sharma,
Advocate, for the petitioners.
Mr. Amarjit Markan, Advocate,
for the respondent.
This petition has been filed under Section 482 Cr.P.C. with a prayer to quash order dated July 30, 2004, passed in revision and order dated February 27, 2004, passed by the trial Court to the extent of not granting maintenance to the petitioners, as claimed by them in their application under Section 125 Cr.P.C.
Petitioner No. 1 is the wife and petitioner No. 2 is the daughter of the respondent. In an application, filed under Section 125 Cr.P.C., they also prayed for grant of interim maintenance at the rate of Rs. 10,000/- per month for petitioner No. 1 and Rs. 5,000/- per month for petitioner No. 2. Trial Court, vide order dated February 27, 2004, granted interim maintenance at the rate of Rs. 1,500/- per month to each of the petitioners. They went in revision, which was partly allowed qua grant of interim maintenance to petitioner No. 1 and the same was enhanced to Rs. 2,000/- per month. However, so far as petitioner No. 1 is concerned, order of the trial Court was affirmed. Feeling dissatisfied, petitioners have filed the present petition under Section 482 Cr.P.C.
Before this Court, an attempt has been made by counsel for the petitioners that minimum expenses of both the petitioners are more than Rs. 10,000/- per month. To say so, detail has been given at pages 7 and 8 of the petition. By stating that carry home salary of the respondent is about Rs. 19,000/- per month, a prayer has been made to enhance the amount of interim maintenance in favour of the petitioners.
Prayer made has vehemently been opposed by Shri Amarjit Markan, Advocate, for the respondent. He submitted that the amount fixed is perfectly justified; that respondent is also responsible to maintain his old parents and that the petitioners are residing in the family house of the respondent and the respondent had to spend a huge amount for his living somewhere else. It has been prayed that this petition be dismissed.
It is apparent from the records and not disputed during arguments that the minor child is studying in Yadwindra Public School, Patiala. Besides Rs. 20,000/- towards annual fee, her tution fee is around Rs. 2,500/- per month. Her transportation charges to the school are Rs.
500/- per month. It is also not in dispute that the child is suffering from blood cancer and is getting continuous treatment from Daya Nand Medical College and Hospital at Ludhiana. It has been stated by counsel for the petitioner that for her treatment, Rs. 4,00,000/- were spent.
However, the Government has re-imbursed only Rs. 1,60,000/-. Be that as it may, if expenses of the child, towards education only, are taken note of, these come to more than Rs. 4,000/- per month, besides her other daily needs like clothing, food etc. Admittedly, carry home salary of the respondent is more than Rs. 18,000/- per month. His father is a retired Government servant and might be getting pension.
In view of facts, mentioned above, orders passed by the Courts below are modified qua child only and interim maintenance granted to her is enhanced to Rs. 4,000/- per month. However, order granting interim maintenance to the wife is affirmed.
With above mentioned modification, this petition stands disposed of.
March 31, 2006. ( Jasbir Singh )
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