GULSHAN YADAV Vs. SUSHMA YADAV & ORS

JUDGEMENT

(1.) Instant revision petition has been preferred by the petitioner to impugn the legality and correctness of a judgment dated 07.12.2013 of learned Judge Family Courts, whereby in the proceedings under Sections 125 Cr.P.C. maintenance @ Rs. 4,500/- per month each was awarded to respondents from the date of filing of the petition. The revision petition is contested by the respondents.

(2.) I have heard the learned counsel for the parties and have examined the file. The petitioner has been directed to pay maintenance @ Rs. 9,000/- in all to his both children from the date of filing of the petition i.e. October 01, 2007. During the course of arguments, it was urged that the petitioner has no objection to the grant of maintenance to the children @ Rs. 4,500/- per month each from the date of impugned order i.e. 07.12.2013. The petitioner is primarily aggrieved whereby he has been directed to pay maintenance @ Rs. 4,500/- per month each to the children w.e.f. October 01, 2007, when his salary was only Rs. 10,917/- per month. Counsel for the respondents urged that the petitioner has concealed material facts and did not reveal that after implementation of 6 th Pay Commission recommendations, he got huge arrears of enhanced salary w.e.f. January, 2006.

(3.) By an order dated 10.03.2014, this Court directed to the petitioner to continue to pay maintenance @ Rs. 4,500/- per month each to the children from the date of order i.e. December, 2013. He was further directed to clear the arrears from the date of filing of the petition @ Rs. 2,500/- per month to each of the child. In the impugned judgment, petitioner's income was assessed Rs. 28,395/- (Gross pay) and Rs. 21,355/- (Net pay) taking into consideration the salary certificate for July, 2013.