Civil Revision No.5090 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5090 of 2009 Date of decision:7th September, 2009 Gurdev Singh ........Petitioner Versus Harjit Kaur @ Babli Gupta .......Respondent Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Harsh Garg, Advocate for the petitioner. Rajive Bhalla, J. The petitioner challenges the order dated 16.05.2009, whereby the Additional District Judge, Kaithal, has granted interim maintenance of Rs.2500/- per month to the respondent- wife. Counsel for the petitioner submits that the respondent is living in adultery with one Subhash son of Ram Sarup and therefore, is not entitled to any maintenance. It is further submitted that the petitioner has filed a criminal complaint against the respondent for bigamy and she has been summoned by the Chief Judicial Magistrate, Kaithal. It is further argued that in the absence of any evidence as to the income of the petitioner, the trial court committed an error in granting maintenance of Rs. Civil Revision No.5090 of 2009 2 2500/- per month to the respondent-wife. I have heard counsel for the petitioner and perused the impugned order. The allegation of adultery has not been pleaded as a ground for divorce and cannot be a ground to deny maintenance to the respondent-wife particularly when she has to look after two minor daughters. The mere summoning of the respondent in a criminal complaint does not disentitle the respondent to maintenance. As regards the argument that there is no evidence on record, to establish the petitioner's income, suffice is to state that it was for the petitioner to disclose his income and even otherwise, a sum of Rs. 2500/- for three persons is in my opinion is woefully inadequate. Dismissed. [RAJIVE BHALLA] JUDGE 7th September, 2009 SKaushik