GIRISH Vs. GOURI

JUDGEMENT

(1.) By the impugned order, the Family Court has awarded an interim monthly maintenance of Rs.6,000.00 to the wife and Rs.4,000.00 to the daughter, in a proceeding under Sec. 125 of the Criminal Procedure Code (hereinafter referred as ' Cr.P.C ' for brevity). The said order also indicates that the order of maintenance was in addition to the maintenance granted in the Dowry Prohibition Act .

(2.) Learned counsel for the petitioner submits that the wife has suppressed the fact that she had been awarded a sum of Rs.3,000.00 per month in another proceeding and despite that the Trial Court has awarded a monthly maintenance of Rs.6,000.00 per month. He also contends that the daughter has also been awarded a sum of Rs.3,000.00 in the proceeding initiated by the husband for divorce. He submits that the award of maintenance to the wife and daughter, in total, amounts to Rs.16,000.00, which is beyond capacity of the petitioner. He also submits that since the wife was guilty of suppression of material facts, she was not entitled for any maintenance.

(3.) The Trial Court in the impugned order, has noticed that the petitioner had declared that he was having a monthly income at Rs.45,000.00 and that he was a Ayurvedic Doctor.