GEETA Vs. STATE

JUDGEMENT

(1.) By way of this judgment, this Court shall be disposing of two connected criminal revision petitions preferred by the parties who are legally wedded to each other. They both seek setting aside of the judgment dtd. 4/5/2022 [hereafter 'impugned judgment'] passed by the learned Principal Judge, Family Court, East District, Karkardooma Court, Delhi [hereafter 'Family Court'] in M.T. No. 550/2018 titled 'Geeta & Anr. vs. Nishant Tyagi @ Johney'.

(2.) Briefly stated, the facts of the present case are that on 27/11/2009, the marriage of the parties was solemnised as per Hindu rites and ceremonies, wherefrom a child was born to them on 28/8/2010. Allegedly, ever since the inception of the marriage, the wife had been subjected to harassment - physical, mental, and financial - at the hands of the husband and her in-laws. In light of the same, she allegedly had to move out of the matrimonial house and depend on her mother for sustenance. She thereafter instituted a petition under Sec. 125 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C. '] claiming maintenance of Rs.30,000.00 (Rs.20,000.00 for herself and Rs.10,000.00 for her minor child) from her husband, asserting that he was working as a Senior Electrician and earning about Rs.55,000.00 per month.

(3.) The said petition came to be partly allowed by the learned Family Court in respect of the minor child, and the husband was directed to pay Rs.16,000.00 per month for the minor child until her marriage or until she is in a position to maintain herself. However, the wife was denied maintenance. The observations of the learned Family Court in the impugned judgment are as under: