MANOJ SHARMA Vs. REENA SHARMA

JUDGEMENT

(1.) These are two petitions filed u/S 482 Cr. P. C. challenging two different orders passed by two different Courts in different proceedings pertaining to the grant of maintenance. But in both the petitions, the parties are the same and so are the facts, therefore, they are dealt with together. The petitioner/husband, after initial appearance, has been proceeded ex parte in both the petitions. In the first petition, the petitioner has challenged the order dated 2.5.2011 passed by Shri Deepak Jagotra, Judge, Family Courts, Dwarka Courts, New Delhi, directing the petitioner to pay ad interim maintenance @ Rs. 10,000/- each per month to the respondent nos. 1 and 2.

(2.) The case of the respondent no. 1 is that she got married to the petitioner on 15.2.2004 according to Hindu rites and customs and from the said wedlock, a male child, Master Pratham, was born on 22.1.2006. The respondent no. 1 was subjected to demand of dowry, domestic violence and mental agony, because of which the relations between them got strained and ultimately, the respondent no. 1 was thrown from the matrimonial home on 29.6.2006. Since then, she is living with her parents. So far as the income of the petitioner and the grant of maintenance by the respondent no. 1 is concerned, it was observed in the impugned order as under:-

(3.) The petitioner was proceeded ex parte on 31.3.2011, as he did not put in appearance after initial appearance. The respondent no. 1 entered into the Witness Box and testified in support of her complaint that the petitioner is not paying the maintenance despite having the resources, while as she does not have any independent source of income to maintain herself and her minor son. She had also reiterated the averments made in the application with regard to the various sources of income of the petitioner.