AMIT KUMAR SINDHI Vs. MONIKA @ KASHISH

JUDGEMENT

(1.) This revision petition under Section 397/482 Cr.P.C is directed against the order dated 05.04.2018, passed by the learned Family Court, Saket, New Delhi, in Maintenance Petition bearing No.59/16, wherein the learned Family Court has fixed the maintenance at the rate of Rs.12,500/- per month for the respondents herein (Rs.7,500/- per month for the respondent No.1 herein/wife and Rs.5,000/- per month for the respondent No.2 herein/son) from the date of filing of the petition i.e. 01.03.2016. The revisionist is the husband.

(2.) Material on record shows that the marriage of the petitioner and the respondent No.1 was solemnized on 14.04.2012. Respondent No.2 is the son of the petitioner and the respondent No.1. Disputes arose between the petitioner and the respondent No.1. A petition under Section 9 of the Hindu Marriage Act, 1955 has been filed by the petitioner against the respondent in November, 2012 before the Family Court at Lucknow. The respondent No.1 herein filed an application under Section 125 Cr.P.C for grant of maintenance before the Family Court, Saket. An application for interim maintenance has also been pressed. In the application for grant of maintenance it is stated that when the talks of marriage were going on between the petitioner and the respondent No.1 it was informed that the respondent is well educated and working at a shop by the name York Redymade at Lucknow drawing a salary of Rs.20,000/- per month. It is stated in the application of maintenance that the respondent No.1 was also informed that the petitioner had stated that he is also having a business of manufacturing Sesame Oil under the name of Ekta Udyog, a business which he was conducting with his father and earning further Rs.15,000/- to Rs.20,000/- per month. In the application it is stated that the family of the respondent No.1 had spent about Rs.2,00,000/- at the time of Rokka and a Motorcycle had been given to the petitioner herein. It is further stated that the mother of the petitioner had informed the father of the respondent No.1 that they should purchase gold ornaments at least worth Rs.4,00,000/- and that the ornaments should be prepared as per the choice and design of the mother of the petitioner. It is stated that Rs.4,00,000/- cash was given to the mother of the petitioner for purchase of jewellery. It is stated that other than a sum of Rs.4,00,000/- there was a demand for dowry articles like TV, refrigerator, washing machine, geyser, DVD player, etc., which was given. The application states that the respondent herein was treated with cruelty. The application mentions several acts of cruelty which are not being reproduced or discussed here for the reasons that they are not germane for deciding the disputes which is the subject matter of the instant revision petition.

(3.) Claiming that the petitioner is earning about Rs.35,000/- per month (Rs.20,000/- per month from the salary and Rs.15,000/- per month as his share from the business) the respondent No.1 claimed that she should be awarded Rs.10,000/- per month for herself and another sum of Rs.8,000/- per month was claimed for their son.