NARESH KUMAR Vs. SEEMA

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Article 227 of the Constitution of India read with Section 482 of the Cr.PC praying inter alia for quashing of the order dated 20.11.2010 passed by the learned Additional Principal Judge, Family Court in Case No. 186/2010, whereunder the petitioner, husband of respondent No. 1 and the father of respondent No. 2 has been directed to pay a sum of Rs. 4,500.00 per month to the respondents towards their maintenance from the date of the application till further orders. He has also been directed to pay a sum of Rs. 5,000.00 towards litigation expenses. The petitioner has been granted six months period to clear the arrears of maintenance and further directed to pay monthly maintenance regularly by the 10th day of each month.

(2.) COUNSEL for the petitioner states that the impugned order is liable to be set aside as the same is onerous on the petitioner, as he has to maintain not only the respondents but also two children born from his first marriage, who are teenagers, apart from taking care of his aged parents. He further states that the petitioner is a government servant and his net take home salary is Rs. 12,426.00 as in the month of August 2010. It is urged that the court below did not take into consideration the fact that respondent No.1 is gainfully employed and hence was not entitled to grant of any maintenance. It is lastly submitted that the parties had arrived at a settlement before the Mediation Cell at Rohini Courts, whereunder it was agreed that they would reunite and live together at the matrimonial home, but respondent No.1 joined the petitioner at the said matrimonial home only for one day and left thereafter without informing him. It is, therefore, submitted that the petition filed by the respondents is liable to be dismissed.

(3.) HAVING perused the impugned order, it is held that the same does not suffer from any illegality, arbitrariness or infirmity therein, which deserves interference by exercising the extraordinary powers vested in the Court. Accordingly, the present petition is dismissed alongwith the pending applications.