SHAKUNTALA Vs. SHIVJI

JUDGEMENT

(1.) THE challenge has been made to order dated 15.4.2013 passed by the learned Family Court Judge, Delhi whereby maintenance @ Rs.3,000/- p.m. has been awarded to the petitioner/wife in the proceedings under Section 125 Cr.P.C.

(2.) THE parties were married to each other on 17.5.1995 at Delhi. After marriage, they lived together as husband and wife. No child is born from their wedlock. Petitioner/wife in her application under Section 125 Cr.P.C. had alleged that she was not treated properly in the matrimonial home and was turned out. Thereafter, on 23.5.2009 she had filed a petition under Section 125 Cr.P.C. for the grant of maintenance to her. The said petition was contested by the respondent/husband who is living in Bihar and working in Railways. Respondent denied having treated the wife with cruelty as was alleged by her. He admitted that he was working in Railways.

(3.) IN support of her case, petitioner had examined herself as PW1 and respondent had examined himself as RW2. The case of petitioner is that respondent's salary is Rs.14,000/- p.m. In the evidence, the petitioner has produced the salary slip Ex.PW1/1 of respondent as per which the gross salary of petitioner for the month of January-February 2009 was Rs.10,314/-. The learned Judge, Family Court while analyzing the evidence has noted that respondent did not cross examine on aforesaid aspect of the matter. Accordingly, the learned Judge, Family Court has taken the income of Rs.14,000/- p.m. as the income of the respondent/husband as is alleged by petitioner/wife and out of that Rs.3,000/- p.m. has been awarded to the petitioner/wife. In the evidence of respondent, it has also come that the respondent has the liability of his old aged father who is dependent upon him. The same is not challenged in the cross-examination. Considering the material on record, learned Family Judge has granted maintenance @ Rs.3,000/- per month to petitioner/wife.