HARJASPREET SINGH Vs. JASDEEP KAUR

JUDGEMENT

(1.) The present petition has been filed under Section 397 Cr.P.C. read with Section 401 Cr.P.C. on behalf of the petitioner/husband assailing the order dated 06.08.2020 passed by the Principal Judge, Family Courts, New Delhi District, Patiala House Court, in Maintenance Case No. 82/2019 filed under Section 125 Cr.P.C. Vide impugned order, the respondent/wife was granted interim maintenance of Rs. 50,000/- per month from the date of the application. The petitioner was further directed to pay Rs.30,000/- towards litigation expenses.

(2.) Learned counsel for the petitioner has contended that the impugned order shows complete non-application of mind as the interim maintenance granted to the respondent is on a higher side. It has been further stated that while awarding the interim maintenance, the Family Court has overlooked the fact that the respondent is enrolled as an Advocate and, therefore, must be earning respectably. In the petition, one of the grounds urged is that when the respondent is professionally qualified and capable of earning, then no maintenance ought to have been granted to her.

(3.) It is further submitted that after the Roka ceremony on 27.05.2018, the conduct of the respondent became questionable. Time and again, she misrepresented the facts about her personal and professional life. Even after marriage her conduct while at matrimonial home in Bangalore was aggressive and quarrelsome. In this regard, learned counsel has referred to where various utterances allegedly made by her, which have been quoted in the petition. It is also submitted that the respondent is not entitled to any maintenance under Section 125(4) Cr.P.C. as she has abandoned the petitioner since 22.10.2018 without any just and reasonable cause.