Criminal Revision No.283 of 2011(O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Revision No.283 of 2011(O&M) Date of Decision: November 14, 2011 Rajesh ... Petitioner Versus Sunita and another ... Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr.Manoj K.Tanwar, Advocate, for the petitioner. Mr.Ajit Sihag, Advocate for respondent No.1 – Sunita. NAWAB SINGH J.(ORAL) Challenge is to the order dated October 19th, 2010, passed by District Judge, Family Court, Hisar, whereby, respondents Sunita - wife and Mayank – son aged 3 years, were allowed interim maintenance allowance at the rate of Rs.2000/- and Rs.1000/- per month, respectively, on an application filed by them under Section 125 of the Code of Criminal Procedure. 2. It has been contended on behalf of the petitioner that the petitioner owns agricultural land and has no other source of income and the maintenance allowance is on the higher side. He has also informed this Court that the petitioner was taken into custody, because, he could not pay the maintenance allowance to the respondents. Respondents are residing separately since August 01st, 2007. 3. This Court does not see reason to concur with the submission advanced by learned counsel for the petitioner. Now-a- days, even a labourer can earn Rs.5000/- per month. Further more, the application under 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 claims. It is not a stage to evaluate the evidence of the parties thread-barely as the learned District Judge, has only Criminal Revision No.283 of 2011(O&M) [2] allowed the interim maintenance to the respondents. 4. In view of this, interim maintenance of Rs.2000/- and Rs.1000/-, per month, awarded to the wife and the child, respectively is just and reasonable. 5. For the reasons aforesaid, the impugned order passed by the Court below is proper and justified. No interference is called for. 6. Dismissed. November 14, 2011 ( NAWAB SINGH ) `gian' JUDGE