SAPNA Vs. STATE (GOVT.OF NCT OF DELHI)

JUDGEMENT

(1.) The present petition is directed against the order dtd. 6/4/2018 passed by Principal Judge, Family Court, Saket, New Delhi in M.No.- 29/2017 and 30/2017 filed under Ss. 125 and 127 Cr.P.C. respectively. Vide impugned order, the Family Court granted maintenance to the petitioners i.e, the wife and minor son of respondent No.2 @ Rs.2,000.00 p.m. and Rs.1500.00 p.m. respectively from the date of passing of the impugned order till they are legally entitled to receive the same.

(2.) Learned counsel for the petitioners contended that the Family Court erred in providing a meagre maintenance amount to the petitioners without considering the latest salary slip of Respondent No.2. It was further contended that petitioner No.1 has no source of income and all her expenses are being borne by her parents. It was also submitted that the Family Court failed to take into account the additional income earned by Respondent No. 2 from his family business of dry-cleaning and also from the rental income.

(3.) Per Contra, learned counsel for respondent No.2 has supported the impugned order and submitted that petitioner No.1 is capable of maintaining herself as she is running a beauty parlour business in the name of 'Sapna Beauty Parlour' and is earning an amount of Rs.25000.00 per month. He further submitted that the respondent has other liabilities including that of maintaining his ailing father.