JAIVEER SINGH Vs. SUNITA CHAUDHARY

JUDGEMENT

(1.) This revision petition is directed against the order dated 16.07.2018, passed by the Principal Judge, Family Court, Karkardooma Court, Shahdara District in MT-327/14, directing the petitioner/husband to pay maintenance at the rate of Rs.17,000/- per month to the respondent/wife from the date of the order i.e. 16.07.2018.

(2.) The marriage between the petitioner and the respondent was solemnized on 07.06.1985. Out of the wedlock, parties had three children two sons were born in the year 1987 and 1989 respectively and one daughter was born in the year 1991. The daughter passed away in the year 2010. Both the sons have attained majority. They are well settled.

(3.) It is stated that the parties are living separately since 2012. The respondent/wife filed a petition under Section 125 Cr.P.C for grant of maintenance stating that she was treated with cruelty and was thrown out of the house in the year 2012 and that she is unable to sustain herself and needs maintenance from her husband. It is stated that both the sons are well educated and are employed. At the time of petition under Section 125 Cr.P.C, the petitioner was a Head Constable. The petition states that the petitioner herein draws a salary of Rs.50,000/- per month. Apart from the salary the petitioner has also got agricultural land from which he is earning income. The respondent herein claimed Rs.25,000/- per month as maintenance. The petitioner filed a reply denying all the allegations of cruelty. The petitioner stated that he has taken care of his children and has given them good education. The petitioner has stated that the respondent is a working lady earning handsomely. It is stated that the respondent herein participates in Jagrans and does TV serials and she is in a position to take care of herself and it cannot be said that the respondent is unable to maintain herself. Both the parties have filed their respective affidavits of income.