DINESH KUMAR RATHORE Vs. BABITA

JUDGEMENT

(1.) This petition assails order dated 26th February, 2012 passed by Judge, Family Court, Rohini Courts, Delhi in CC No. 68/2010 titled as "Smt. Babita Rathore Vs. Dinesh Kumar Rathore". After going through the prayers of the petition, it is found that there is not much substance in the petition. I have heard learned counsel for the petitioner finally and propose to dispose of the same even without notice to the respondents.

(2.) The petitioner is husband of respondent No. 1 Smt. Babita Rathore. The couple has two children namely Rashmee Rathore @ Reshma Rathore and Mater Abhishek Rathore. They are stated to be aged about 21 years and 17 years respectively. Both the children are unmarried and staying with their mother Babita.

(3.) A petition was filed by Babita along with her two children against the petitioner under section 125 Cr. P.C. claiming maintenance @ Rs.4,500/- per month. Vide the impugned judgment the learned Judge, Family Court, has awarded maintenance @ Rs. 1,000/- per month to respondent No. 1 Babita and Rs.1,500/- per month to each of the two children. It was ordered that Babita would be entitled to maintenance till her lifetime or till her re-marriage, whereas the children would be entitled to the maintenance till their marriage. The said order was passed after assessing the income of the petitioner to be Rs.9,000/- per month from his tea vending shop and electrical repair work.