Civil Revision No. 1275 of 2008 (1) In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 1275 of 2008 (O&M) Navdeep ..... Petitioner vs Raj Kaur ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Deepak Aggarwal, Advocate for the petitioner. Mr. Ashish Mahajan, Advocate, for the respondent. Rajesh Bindal J. Challenge in the present petition is to the order passed by the learned court below whereby on an application filed by the respondent-wife under Section 24 of the Hindu Marriage Act (for short, “the Act”), interim maintenance of Rs. 5,000/- per month has been fixed. Learned counsel for the petitioner submitted that the petitioner is only assisting his father to carry on the business at a small shop in a village and is not earning as much. The amount of maintenance as fixed by the learned court below is quite on the higher side and the same deserves to be decreased. Marriage between the parties was solemnised on 10.3.2002. The petition seeking divorce was filed by the petitioner on 21.8.2007. In an application under Section 24 of the Act filed by the respondent-wife, the learned court below fixed interim maintenance at Rs. 5,000/- per month considering the plea of the respondent that the petitioner was earning handsomely from the business of dairy, general merchant, STD/PCO and other shops. As against this, there is only oral plea of the petitioner that he is merely assisting his father in carry on the business which is owned by him. Another fact which has been brought to the notice of the court is that the petition filed by the petitioner for divorce was dismissed in default on 8.3.2008. Considering the aforesaid facts that the learned court below assessed the income of the petitioner at Rs. 10,000/- per month and fixed a sum of Rs. 5,000/- per month as interim maintenance. The estimation of income made by the court cannot be faulted with as this court would not like Civil Revision No. 1275 of 2008 (2) to substitute its opinion in the matter. Accordingly, I do not find any ground to interfere in the present petition. A sum of Rs. 7,000/- deposited by the petitioner in terms of the order dated 29.2.2008 towards litigation expenses payable to the respondent shall be released to her. The petition is dismissed. 8.1.2009 ( Rajesh Bindal) vs. Judge