IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-15038 of 2009 (O&M) Date of decision: 28th May, 2009 Telu Ram … Petitioner Versus Smt. Lakhpati … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. A.P.S. Rana, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the order (Annexure P-5) passed by the Additional Chief Judicial Magistrate, Jind on 5th March, 2009, whereby petitioner was directed to pay Rs.4400/- per month to the respondent. Counsel for the petitioner has submitted that though it is not denied that petitioner is owner of 8 ¾ acres of land, yet there was no rationale for the trial Court and the revisional Court to assess that income from per acre of land must be Rs.25,000/-. Counsel has submitted that by assuming the income to be Rs.25,000/- per acre, the trial Court found the annual income of the petitioner to be Rs.2,20,000/- and has divided the same equally in members of the family. Counsel has further submitted that age of the petitioner is 67 years. This fact has also not been taken into consideration by the trial Court. The trial Court had awarded maintenance @ Rs.4400/- per month, whereas the revisional Court reduced the same to Rs.4000/- per Criminal Misc. No. M-15038 of 2009 (O&M) month. In the present case, only interim maintenance has been given. The final maintenance to be awarded is yet to be determined on the basis of evidence to be led by the parties. Accordingly, it is directed that the proceedings be finally concluded between the parties within six months and income of the petitioner and amount to be paid by him be determined by the trial Court on the basis of evidence led by the parties. The interim maintenance to be paid by the petitioner will be subject to adjustment, once final maintenance to be paid by the petitioner is adjudged by the trial Court. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE May 28, 2009 rps 2