CRM No. M 1265 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 1265 of 2010 Date of decision: 18.01.2010 Budhi Ram ........ petitioner Versus Barkha .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Adarsh Jain, Advocate for the petitioner -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) The present petition has been filed challenging the order dated 11.09.2009 passed by the District Judge, Family Court, Faridabad, vide which Rs.3,000/- has been ordered to be paid to Baby Barkha under Section 125 of Criminal Procedure of Code. While challenging the aforesaid order, learned counsel for the petitioner submitted that in the petition under Section 125 Cr.P.C., a prayer for grant of maintenance to the tune of Rs.1,000/- per month was made, whereas, the Family Court suo moto granted Rs.3,000/- per month to the applicant. CRM No. M 1265 of 2010 2 I find no merit in the submission made by the learned counsel for the petitioner. From para 5 of the petition under Section 125 Cr.P.C., the applicant was under the wrong impression that the respondent/petitioner was earning Rs.10,000/- per month. Accordingly, the claim was restricted to Rs.1,000/-. Whereas, it is apparent from the order, itself, that subsequently, it came to light that the petitioner was earning Rs.22,000/- per month. In fact, the petitioner himself admitted that his total salary was Rs.22,000/- per month. The finding arrived at by the Family Court, Faridabad that the respondent was earning Rs.22,000/- per month has neither been rebutted and nor denied in the present petition. Learned counsel for the petitioner has not been able to show as to how the grant of Rs.3,000/- is excessive. In fact , this is the proportionate to the salary. Accordingly, considering the financial capability of the petitioner, the order dated 11.09.2009 passed by Family Court, Faridabad granting maintenance to the tune of Rs.3,000/- per month to Baby Barkha is fair and just. Accordingly, the present petition is dismissed. (Nirmaljit Kaur) Judge January 18, 2010 mohan