Civil Revision No. 1400 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1400 of 2011 Date of Decision: 6.5.2011 *** Satish Kumar Ohri .. Petitioner Vs. Arti & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Samarth Sagar, Advocate for the petitioner. Mr. Gaurav Tangri, Advocate for the respondents No.1 and 2. *** ARVIND KUMAR, J. The petitioner-husband is aggrieved with the order dated 17.11.2010 passed by the learned trial Court whereby, during the proceedings in an application filed under Order 33 Rule 1 CPC by respondents No.1 and 2 claiming maintenance; recovery of arrears thereof and a right to reside in the first floor of the house, detailed in the head note of the plaint, the petitioner has been directed to pay interim maintenance to respondents No.1 and 2, wife and child respectively, to the tune of Rs.5000/- each from the date of order. Heard. The only grouse of the petitioner is that the maintenance amount claimed by the wife for herself was Rs.5000/- and Rs.3000/- were sought for the minor child, thereby taking the total amount to Rs.8000/-, but the Court below erred in granting the higher relief than the claimed by respondents No.1 and 2. He has relied upon the case of Rajendra Tiwary Vs. Basudeo prasad & Anr, AIR 2002 SC 136. Thus, he has confined his prayer that the impugned order be modified in terms of the amount of maintenance as claimed by the wife and the child. It is evident from the record that a sum of Rs.8000/- in total Civil Revision No. 1400 of 2011 2 was sought by respondents No.1 and 2 towards the maintenance from the petitioner, who admittedly is residing in Germany. There is no dispute with regard to the social liability of the husband to maintain his wife and the minor child. But in absence of any income proof of the petitioner, though he is residing abroad, in the considered opinion of this Court, the trial Court has erred in granting the relief in excess than actually claimed by respondents No.1 and 2. Accordingly, the impugned order is modified to the extent that the amount of interim maintenance is reduced to Rs.5000/- for wife and Rs.3000/- towards the minor child, totalling to Rs.8000/- per month. The instant revision petition stands disposed of with the above modification. (ARVIND KUMAR) JUDGE May 06, 2011 Jiten