Criminal Misc. No. 4651-M of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 4651-M of 2007 Date of decision : 3.9.2008 Harjit Raj .....Petitioner Versus Smt. Geeta Rani ..Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.Sarabjeet Khaira, Advocate for the petitioner Mr. Pardeep Rajput, Advocate for the respondent. S. D. ANAND, J. The facts are as under:- In the course of proceedings under Section 125 Cr.P.C. filed by respondent Geeta Rani against her husband petitioner-Harjit Raj, the learned Magistrate granted interim maintenance at the rate of Rs.800/- per month, vide order dated 19.7.2006 (Annexure P-1). The revision filed by present petitioner before the Court of Sessions was rejected, vide order dated 12.10.2006 (Annexure P-2), by the learned Additional Sessions Judge, Amritsar. Learned counsel for the petitioner argues that the quantification of the interim maintenance is on the higher side. His grievance in this petition is to that extent only. On his own showing, the petitioner is an Army employee. He has not even averred that he has any other dependent, besides his estranged wife. The amount of Rs.800/- cannot, by any stretch of interpretation, be said to be excessive in character. The quantification of Criminal Misc. No. 4651-M of 2007 -2- **** amount of interim maintenance is absolutely appropriate in the light of the spiralling prices presently prevalent in the market. This amount is merely sufficient for the respondent to sustain herself. In this context, it may also be noticed that the total amount payable to the respondent-wife till date is Rs. 33,000/- out of which a sum of Rs.21,000/- only has been paid. The petitioner is, thus, in arrears of payment and there is no explanation why he has not paid up the arrears of the interim maintenance. The petition is held to be devoid of merit and is ordered to be dismissed. The stay order dated 15.3.2007 shall stand vacated. The vacation of stay order shall be communicated to the Court concerned forthwith. September 03, 2008 (S. D. ANAND) Pka JUDGE