CR NO.7214 OF 2009 - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR NO.7214 OF 2009 DATE OF DECISION: 05.02.2010 **** Satvinder Singh . . . . Petitioner VS. Harvinder Kaur . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.S.S. Kharab, Advocate for the petitioner. Mr.Surya Kant Gautam, Advocate for the respondent. **** RAKESH KUMAR JAIN J. The petitioner is aggrieved against the order of Additional District Judge, Panipat dated 05.11.2009, whereby income of the petitioner has been assessed @ Rs.25,000/- per month and accordingly allowed interim maintenance of Rs.8000/- per month to the respondent - wife, Rs.4000/- per month to his daughter and Rs.5500/- towards litigation expenses. The assessment has been made on the ground that the petitioner owns 10/12 acres of land and has two flats in Sector 6, Panipat. Besides, he is living in his own bungalow and is in the business of real estate. Learned counsel for the petitioner has vehemently argued that the assessment has been wrongly made by the learned Court below as it was never admitted by the petitioner that he has got two flats in Panipat, a bungalow and is doing a business of the property CR NO.7214 OF 2009 - 2 - dealer. However, it is admitted before this Court that the petitioner owns 10 acres of land at Panipat. Before notice of motion was issued, in this case, counsel for the petitioner prayed for time to place on record affidavit of the petitioner with regard to his income. Time was granted and the petitioner filed affidavit along with application, namely, CM No.29027-CII-2009. In the affidavit dated 8.12.2009, he has alleged that he has a small house in village Dahar District Panipat. He has two married daughters and one mentally retarded son. He has 10 acres of agricultural land out of which he earns Rs.1,50,000/- per annum. He has denied that he owns any flats in Sector 6, Panipat or a bungalow or even working as a property dealer. Notice of motion was issued. The respondent has put in appearance and had taken time to file an affidavit in order to prove that the petitioner owns two flats in Panipat. Time was granted and in pursuance thereto respondent filed application, namely, CM No.1455- CII-2010 and placed on record an affidavit along with two documents as Annexure R-1 and R-2. I have considered the above-said affidavit of the respondent dated 20.1.2010 as well in which, the income of the petitioner has been reiterated. It is alleged that as a matter of fact the petitioner is living a life of adultery who threw the respondent out of matrimonial home when she objected to it. It is also alleged that the petitioner owns residential House No.138 in Nand Vihar Colony, Panipat, purchased on a Power of Attorney. He owns another residential plot measuring 350 Sq. Yards in New Model Town, Panipat and having two cars, a Cielo and Hyundai i-10. I have heard, both, learned counsel for the parties and perused the record with their assistance. CR NO.7214 OF 2009 - 3 - If all other things are ignored and only the admission of the petitioner is to be considered, he admittedly owns 10 acres of land in Panipat from which he must be earning an amount not less than Rs.30,000/- per acre per annum as he is getting two crops in a year which comes to Rs.3,00,000/-. On this premise, the amount of maintenance of Rs.8000/- for the respondent - wife and Rs.4000/- for the daughter is not on the higher side. Hence, the present revision petition is found to be without any merit and as such the same is hereby dismissed. (RAKESH KUMAR JAIN) February 05, 2010 JUDGE Vivek