learned A.G.A. perusal of record and the order passed by learned trial court, it appears that admittedly the opposite party no.2 is the wife and opposite party no. 3 is minor daughter aged about 6 years of the revisionist. The wife is living separate with the opposite party no. 3, the minor child, being brought up by her. No any amount is being given by the revisionist either to the wife or to the minor child for their maintenance. It also appears that the wife was working in Eteam Info Service company and Rs. 24516/- and Rs. 30,456/- were credited in her account from the period 20.10.2021 to 07.09.2022 , thereafter she stated that from the date 16.01.2023 no any amount was credited in her account since she is not working in that company at present. On the other hand, the revisionist is Assistant Teacher and his net salary is Rs. 55,000/- as admitted by himself. The learned trial court has rejected the application to the extent of wife/opposite party no. 2 for maintenance, as she makes earning as aforesaid and is able to maintain herself but fixed amount of Rs. 10,000/- per month in favour of minor daughter for her maintenance. Where the husband and wife both are working persons, the liability to maintain minor child comes on the shoulders of both the parties. In the present case, the minor child is being brought up by the wife herself alone who has received salary Rs. 30456/- from Eteam Info Service company in the year 2020-21. Though the revisionist is getting Rs. 55,000/- per month as net salary yet all the expenses of the minor child are being borne by the wife herself whereas she earns salary that is less than the husband, therefore Rs. 10,000/- per month as maintenance in favour of minor child against the revisionist/father cannot be said to be excessive or more than sufficient keeping in view the expenses of maintenance, education and other expenses incurred on the minor child. In this way, the order passed by learned trial court cannot be said to be illegal and in appropriate but this revision being devoid of merit is liable to be dismissed at the admission stage itself.
