LALIT BHOLA Vs. NIDHI BHOLA

JUDGEMENT

(1.) These two Petitions arise out of an order dated 09.12.2011 passed in C.R. No.43/2011 by the learned Additional Sessions Judge("ASJ") whereby an interim maintenance of Rs. 12,000/- granted in favour of Nidhi Bhola and Rs. 5,000/- granted in favour of Baby Jhalak was reduced to Rs. 9,500/- and Rs. 3,000/- respectively. Petitioner in Crl.M.C.75/2012 is the husband Lalit Bhola whereas Petitioners in Crl.M.C. 2227/2012 are Nidhi Bhola and Baby Jhalak, that is, wife and the daughter of the of the Petitioner. For the sake of convenience, the parties shall be referred to as husband, wife and the child.

(2.) In Crl.M.C.75/2012, the husband alleges that the overall maintenance of Rs. 12,500/- is excessive and arbitrary whereas the wife and the child in Crl.M.C. 2227/2012 say that the maintenance awarded is on the lower side.

(3.) Lalit Bhola got married to Nidhi Bhola on 19.04.2007. A child Jhalak was born to Nidhi out of the wedlock on 10.11.2008. The parties could not pull on together and allegations of cruelty and demand of dowry, etc. were levelled against the husband by the wife which is not very material for disposal of these Petitions. Suffice it to say that on 30.09.2010, an application under Section 125 of the Code of Criminal Procedure(Cr.P.C.) was filed by the wife and the child seeking maintenance of Rs. 25,000/- per month from the husband on the ground that he was having a monthly income of Rs. 47,000/-. In addition to the income earned by the husband, he was also beneficiary of FDRs of Rs. 18-20 Lakhs left by his mother, that is, by husband's deceased mother. The wife claimed that in addition to income from salary, the husband also had rental income from a property in Naveen Shahdara.