C.R. No.3871 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.3871 of 2007 Date of Decision: 11.3.2008 Gurdeep Singh .....Petitioner Vs. Kanwaljit Kaur ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Sanjiv Ghai, Advocate for the petitioner. Mr.Deepak Sabherwal, Advocate for the respondent. ... RAJIVE BHALLA, J (Oral) The petitioner impugns an order dated 16.5.2007, whereby the Additional District Judge, Fast Track Court (Adhoc), Ludhiana, has assessed maintenance pendente-lite @ Rs.2500/- p.m. alongwith litigation expenses of Rs.4000/, during the pendency of a divorce petition filed by the petitioner. Counsel for the petitioner submits that the petitioner has transferred his share in the joint property to the respondent, pursuant to a private compromise. It is further asserted that the petitioner suffers from a serious spinal disease and is, therefore, working as a salesman on a nominal salary of Rs.2,000/-p.m. The amount of maintenance @ Rs.2500/- p.m. is, therefore, on the higher side and should be reduced. Counsel for the respondent, however, asserts that the aforementioned facts are incorrect. The respondent-wife has to maintain herself and three school going children, two minors and one major. The C.R. No.3871 of 2007 2 amount of Rs.2500/-, though nominal in the circumstances, has been accepted by the respondent. It is further submitted that the petitioner is an income tax assessee and his assertion that he is working as a salesman, is incorrect. The petitioner owned agricultural land in Village Gill and his income tax return mentions his income as Rs.75000/- p.a. I have heard learned counsel for the parties and perused the impugned order. The nominal award of interim maintenance @ Rs.2500/- p.m., for four individuals, three children and their mother, is subject matter of challenge in the revision petition. The petitioner's submission that he is a salesman, appears to be a ploy to evade his responsibility, to look after his family. The compromise dated 18.1.2005, would be considered by the learned trial Court and even if, it is accepted, no material has been placed to suggest that the respondent-wife is receiving any income therefrom. The amount of maintenance, namely,Rs.2500/- p.m., assessed by the learned Additional District Judge, Fast Track Court(Adhoc), Ludhiana, for the respondent and three children is so nominal, as to question the very right of the petitioner to file the revision petition. Dismissed. 11.3.2008 ( RAJIVE BHALLA ) GS JUDGE