SANDEEP WALIA Vs. MONIKA UPPAL

JUDGEMENT

(1.) This petition is directed against the order dtd. 21/12/2018 passed in MT No. 361/2018 by the Principal Judge, Family Courts, West, Tis Hazari Courts, Delhi, whereby an application under Sec. 125 of Cr.P.C. filed by the respondent-wife has been allowed in part.

(2.) The facts of the case show that the marriage between the parties was solemnized on 25/10/2015. Soon after the marriage, on account of some family disputes between them, they started living separately. There is no issue out of the wedlock. The respondent-wife filed an application under Sec. 125 of Cr.P.C. before the Family Court. She stated that on account of harassment being caused by her husband at the matrimonial [2] house, she had to undergo intense mental agony. She narrated various instances in her application and she further stated that her husband i.e. revisionist is doing a job of a Graphic Designer in NIIT Company at Gurugram and is earning Rs.40,000.00 per month. She also stated that her husband has rental income from the house bearing No. B-4/152, Tulsi Lodge, Committee Bazaar, Hoshiarpur, Punjab-146001, and is getting an additional sum of Rs.40,000.00 per month. That apart, she further stated that her husband has his own residential accommodation. She further stated that there is no liability on her husband and the mother of her husband is also getting pension of Rs.25,000.00 per month and he is the only son. According to her, she did not have any sources of income to run her livelihood. The respondent-wife further stated that she is fully dependent on her widowed mother. Accordingly, she prayed for a grant of a sum of Rs.40,000.00 per month towards maintenance and Rs.25,000.00 towards litigation expenses.

(3.) The aforesaid application was opposed by the revisionist-husband before the Family Court by filing his reply. The revisionist-husband stated that the respondent-wife herself is guilty of causing mental cruelty and torture to the revisionist. He stated that the respondent-wife had left the matrimonial house without any reason and justification. He also stated that his wife made a false complaint before CAW cell and thereafter she herself remained absent during the counseling proceedings being conducted by CAW cell. He also stated that earlier he was working in NIIT, as Graphic Designer, however, he left the job and had become jobless. According to the revisionist, respondent-wife, is well-qualified and is earning a handsome amount, hence she is not entitled for any maintenance. [3]