(S.A. Bobde and L. Nageswara Rao, JJ.)
Yogita and Another _____________________________ Appellant(s);
v.
Ketan Tewatia _________________________________ Respondent.
Criminal Appeal No. 489 of 2018 [Arising out of SLP(Crl.) No. 6549/2016], decided on April 4, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. This appeal is directed against the final order passed by the High of Punjab and Haryana at Chandigarh in Criminal Revision No. 2057 of 2011, dated 24.04.2017 whereby the revision petition was allowed and amount of maintenance awarded to the petitioners was enhanced from Rs. 5,000/- to Rs. 8,000/-.
3. Heard learned counsel for the parties.
4. We find from the bank statement filed by the respondent husband that there are amounts of expenditure which cannot be reconciled with the finding of the learned Trial Court that his income is Rs. 15,000/- per month.
5. In the circumstances, we consider it appropriate to set aside the impugned order which directs the respondent to pay a meagre sum of Rs. 8,000/- to the wife and a minor daughter. The matter is remanded back to the trial Court to reassess the amount of maintenance. The Trial court shall decide the matter within a period of six months from the date the parties appear before it. The parties are directed to appear before the Trial Court on 20.04.2018.
6. However, though the order passed by the High Court is set aside, the respondent shall continue to pay the said amount till maintenance is re-assessed by the Trial Court.
7. The appeal is disposed of accordingly.
Petition for Special leave to Appeal (Crl.) No. 6549/2016
Yogita & Anr _____________________________________ Petitioner(s)
v.
Ketan Tewatia ____________________________________ Respondent
(with appln. for permission to file addl. documents)
Date: 04-04-2018 This appeal was called on for hearing today.
(Before S.A. Bobde and L. Nageswara Rao, JJ.)
For Appellant(s) Mr. Gagan Gupta, AOR
For Respondent(s) Mr. S. Shantanu Kumar, AOR
Mr. Narsingh N Rai, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is disposed of in terms of the signed order.
10. Pending application stands disposed of.
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