CRR No.944 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRR No.944 of 2010 Date of decision : 9.12.2010 Amarjit Singh Saini .........Petitioner Vs. State of Punjab and another .......Respondents CORAM : HON'BLE MR. JUSTICE M.M.S.BEDI : Present:- Mr.P.M.Anand, Advocate, for the petitioner Mr.K.S.Pannu, DAG, Punjab Ms.Divya Sharma, Advocate, for respondents No. 2 to 4 ---- M.M.S.BEDI, J (ORAL) : The petitioner is working as a Senior Manager (Training) with Future Generali India Insurance Company Ltd.. He has been directed to pay a total sum of Rs.30,000/-P.M. to the respondents No.2 to 4 i.e. his wife and two daughters. Learned counsel for the petitioner has vehemently contended that as per the pay slip for the month of November 2010, the net pay of the petitioner is Rs.46,363/- and it is difficult for the petitioner to pay interim maintenance @ Rs.30,000/-P.M. out of the said amount. Learned counsel for the respondents claims that a false pay slip, generated on computer, is being produced to prejudice the rights of the respondent-wife and two daughters. I have heard learned counsel for the parties and I am of the opinion that the amount of Rs.30,000/-as interim maintenance CRR No.944 of 2010 -2- without there being any authentic proof of salary of the petitioner and without there being any proof regarding the inability of the respondent No.1 to earn anything, is apparently excessive. But it is felt that in exercise of powers under Section 482 of Cr.P.C. an interim order is not required to be interefered with. The only relief which can be granted to the petitioner is that a direction should be given to the learned trial Court to complete the proceedings under Section 125 of Cr.P.C. within a period of Nine months from the next date of hearing, fixed before the learned trial Court. It will be open to the petitioner during trial to establish his income as well as the resources of respondent No.2. The learned trial Court will determine the just maintenance on the basis of the evidence produced by the parties. At this stage it has been submitted by learned counsel for the respondents that the arrears of interim maintenance have not been paid by the petitioner, which fact is causing inconvenience to the respondents. It is always open to the respondents to seek execution of the order in accordance with law. However, in the interest of justice it has been informed that out of arears a sum of Rupees one lalkh has already been paid. It is ordered that petitioner will pay a sum of Rs.two lakhs within a period of two months, at least Rs.one lakh in one month, to the respondents towards interim maintenance without prejudice to the right of the respondent to claim the remaining amount by filing execution application in accordance with law. CRR No.944 of 2010 -3- Copy of the order be sent to the learned trial Court to conclude the trial within the period as directed. Nothing said in the order shall prejudice the rights of the parties during the final adjudication of the matter. This criminal revision is disposed of. (M.M.S.BEDI) JUDGE 9th Dec., 2010 akm