MANISH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed challenging the judgment dtd. 18/11/2022 (hereafter 'impugned Judgment'), passed by the learned Principal Judge, Family Court, East District, Karkardooma Courts, Delhi, in Mt Case 1217/2018.

(2.) The learned Family Court, by the impugned judgment, decided the petition filed by Respondent No. 2 under Sec. 125 of the Code of Criminal Procedure, 1973 ('CrPC'), and awarded a maintenance of Rs. 5,500.00 per month to Respondent No.2 from the date of filing the application. It was also directed that the maintenance amount will be increased by 10% after every two years in view of inflation. The learned Family Court had also awarded litigation expenses of ?12,000/- in favour of Respondent No.2.

(3.) The learned Family Court noted that while the petitioner had argued that Respondent No.2 was not entitled to any maintenance as she had chosen to live separately without any reasonable cause, however, he had placed nothing on record to substantiate the said allegation. It was also noted that even if the WhatsApp chats placed by the petitioner which show him asking Respondent No.2 to not divorce him are believed, the same was not enough to accept that Respondent No.2 was living separately without reasonable cause.