CR No.1481 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No.1481 of 2009 Date of Decision: 22.10.2009 Dilbagh Singh .....Petitioner Vs. Simarjit Kaur ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.S.P.Soi, Advocate for the petitioner. Mr. Nakul Sharma, Advocate for the respondent. .... RAJIVE BHALLA, J (Oral) The petitioner challenges an order dated 23.1.2009, passed by the Additional District Judge, Ferozepur, granting interim maintenance of Rs.2000/- p.m. Counsel for the petitioner submits that as the court below has held that the petitioner is a skilled labourer and his income has been assessed as Rs.4000/- p.m., the award of interim maintenance @ Rs.2000/- p.m. is highly excessive. The petitioner has to look after the minor daughter of the parties. It is submitted that as the amount of interim maintenance is highly excessive, the order dated 23.1.2009 be set aside. Counsel for the respondent, however, submits that in addition to the income of Rs.4000/- p.m., the petitioner derives income from agricultural land and, therefore, the amount of Rs.2,000/- p.m. is not excessive. CR No.1481 of 2009 2 I have heard learned counsel for the parties and perused the order dated 23.1.2009. It is not denied that the minor daughter of the parties is residing with the petitioner. The trial court has assessed the petitioner's income as Rs.4000/- p.m. However, while granting interim maintenance @ Rs.2000/- p.m., the trial court lost sight of the fact that the minor daughter of the parties is residing with the petitioner. In this view of the matter, I am of the opinion that the interest of justice would be served if the interim maintenance fixed by this court vide order dated 18.3.2009 is affirmed. As a consequence, the revision petition is allowed and the order dated 23.1.2009, passed by the Additional District Judge, Ferozepur is modified to the extent that the petitioner shall pay interim maintenance @ Rs.1250/- p.m. to the respondent. 22.10.2009 (RAJIVE BHALLA) GS JUDGE