IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1351 of 2011. Date of Decision : 14.7.2011. Ajay ...... Petitioner Versus Mamta ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Sunil Panwar, Advocate, for the petitioner. NAWAB SINGH J. Challenge herein is to the order dated May 28th, 2011 passed by District Judge, Family Court, Gurgaon whereby, application filed by respondent for grant of interim maintenance was allowed and respondent was granted Rs.1500/- per month as interim maintenance and Rs.2500/- as litigation expenses on an application filed by her under Section 125 of Code of Criminal Procedure. 2. Mamta-respondent-wife filed an application under Section 125 of Code of Criminal Procedure (for short the 'Cr.P.C') to seek maintenance. Along with the application, she also filed an application to grant her interim maintenance till the decision of the application under section 125 Cr.P.C. It was pleaded by her that she was married with Ajay-petitioner. Her husband is working as Supervisor at Palam Airport, Delhi and earning Rs.25,000/- per month. She has no source of income to maintain herself. 3. Ajay-petitioner filed reply to the application under Section 125 Cr.P.C as well as reply to the application for interim maintenance. It was pleaded by him that he is unemployed and earning nothing. Hence, the petitioner has no means to pay maintenance to his wife. 4. This Court does not concur with the submission advanced by learned counsel for the petitioner. Now-a-days, even a labourer can earn Rs.5000/- per month. The husband being able bodied has the potential to earn. Further more, the application under Criminal Revision No. 1351 of 2011. (2) section 125 Cr.P.C is yet to be disposed of. For that, parties shall be given opportunities to lead evidence in support of their respective cases. It is not a stage to evaluate the evidence of the parties thread- barely as the learned District Judge, has only allowed the interim maintenance to the wife. 5. In view of this, amount of Rs.1500/- granted to wife is just and reasonable. 6. For the reasons aforesaid, the impugned order passed by the Court below is proper and justified. No interference is called for. (NAWAB SINGH) JUDGE 14.7.2011. SN