CRM No. M 14178 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 14178 of 2010 Date of decision: 10.05.2011 Seema Gupta ...... Petitioner Versus Vijay Gupta .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Saurabh Arora, Advocate for the petitioner Mr. Onkar Singh, Advocate for the respondent -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C against the order dated 16.01.2010 passed by the Additional Sessions Judge, Ambala, whereby, on a revision petition filed by the petitioner against the order dated 29.08.2009 passed by the Judicial Magistrate Ist Class, Ambala, fixing the interim maintenance under Section 125 Cr.P.C at Rs.1500/- per month was enhanced to the extent of Rs.4,500/- with prayer to enhance the same to Rs.20,000/- per month. While praying for enhancement of interim maintenance, learned counsel for the petitioner states that as per the latest salary certificate, the respondent is drawing salary of Rs.50,225/- per month. On the other hand, learned counsel for the respondent has CRM No. M 14178 of 2010 2 vehemently opposed the said prayer and submitted that the respondent has two children i.e. Son and daughter out of the previous marriage. The son is studying in IIT, Delhi and the daughter is studying at Patiala. As such, the major part of his salary goes towards their education. Besides above, the respondent has also his old aged parents'. The carry home salary of the respondent is only Rs.29,000/-. Heard. It is not disputed that the main case under Section 125 Cr.P.C is still pending before the trial Court, whereas, the present petition has been filed against the order dated 29.08.2099 passed by the JMIC, Ambala, granting ad-interim maintenance. The trial Court granted Rs.1,500/- per month as interim maintenance. The petitioner filed revision against the said order. The said revision petition was allowed vide order dated 16.01.2010 passed by the Additional Sessions Judge, Ambala, enhancing the interim maintenance from Rs.1,500/- per month to Rs.4,500/- per month. It is not disputed that the petitioner has two grown up children to look after from his first marriage. In view of the above, no ground to further enhance the interim maintenance is made out. The dispute qua the total carry home salary as well as the other arguments raised by the learned counsel for the petitioner are subject matter of the evidence to be led during trial in the main petition under Section 125 Cr.P.C pending before it. Dismissed accordingly. (Nirmaljit Kaur) Judge 10.05.2011 mohan