LAWS(DLH)-2020-2-114

SARWAN KUMAR SHARMA Vs. RANJANA SHARMA @ RANJANA RANI

Decided On February 24, 2020
SARWAN KUMAR SHARMA Appellant
V/S
RANJANA SHARMA @ RANJANA RANI And ANR Respondents

JUDGEMENT

(1.) The present petition is directed against the order dated 16.03.2018 passed by Principal Judge, Family Court (Distt. Shahadara), Karkardooma Court, Delhi in CC No. 22/2017 whereby the respondent no.1/wife and respondent no.2/the minor son, Master Lowish were granted interim maintenance @ Rs.12,000/- p.m. and Rs.8,000/- p.m. respectively from the date of filing of the petition till further orders.

(2.) The respondents had filed the aforesaid petition under Section 125 Cr.P.C. seeking maintenance. It was stated that the marriage of respondent no.1 was solemnized with the petitioner on 22.06.2004 in Delhi. Out of the wedlock, respondent no.2 i.e., Master Lowish was born on 08.10.2006, who has been living with his mother/respondent no.1. It was stated that respondent no.1/wife was humiliated and taunted for bringing insufficient dowry. A demand for a plot of 50 square yards in Delhi was made by the father of the petitioner however, when the said demand could not be met, the respondent no.1/wife was thrown out of the matrimonial home and thereafter she along with the petitioner started living in the house of the mother of respondent no.1/wife at Ashok Nagar. Later on, the petitioner himself renewed the demand for a plot of 50 square yards and stated that unless the demand was met, he would not live with respondent no.1/wife and from 06.01.2013, the petitioner started living separately.

(3.) Learned counsel for the petitioner has assailed the impugned order on the ground that in the entire petition, it was not averred by respondent no.1/wife that she was unable to maintain herself. It was contended that the interim maintenance granted by the Family Court by the impugned order is excessive. It was further pleaded that respondent no.1/wife is qualified and has capacity to earn but in order to harass and pressurize the petitioner, respondent no.1/wife has left her job.