LALIT MOHAN MAHARA Vs. MEENAKHSHI MAHARA

JUDGEMENT

(1.) By way of this revision petition, the petitioner-husband has challenged the order dtd. 1/8/2024 [hereafter "impugned order"] passed by the learned Principal Judge, Family Court, East District, Karkardooma Court, New Delhi [hereafter "Family Court"] vide which the learned Family Court has awarded sum of Rs.45,000.00 (Rs.22,500.00 for each respondent, i.e. respondent no. 1/wife and respondent no. 2/the minor child) per month to the respondents from the date of filing of the petition under Sec. 125 of the Code of Criminal Procedure, 1973 [hereafter "Cr.P.C."] till its disposal.

(2.) Briefly stated, the facts of the present case are that the marriage between the petitioner and the respondent no. 1 was solemnized on 11/2/2015, and a female child was born out of their wedlock on 19/8/2017, who is currently in the custody of respondent no.1. Due to the alleged acts of cruelty committed by the petitioner and his family members, the respondent no. 1 had left the matrimonial home and subsequently filed the petition under Sec. 125 of Cr.P.C. before the learned Family Court seeking maintenance.

(3.) The petitioner has preferred the present petition against the impugned order dtd. 1/8/2024 granting interim maintenance, passed by the learned Family Court. The petitioner claims that he was always willing to reside with the respondents. It is the case of the petitioner that he is presently residing in rented accommodation and that his aged parents are financially dependent on him. It is also his case that he has taken loans amounting to Rs.35,00,000.00 from various banks for the construction of a house at his native place. The petitioner contends that respondent no. 1 did not file an affidavit of income and assets before the learned Trial Court, and despite this, the learned Trial Court vide order dtd. 19/3/2024 had earlier erroneously directed him to pay ad-interim maintenance of Rs.15,000.00 per month (Rs.7,500.00 each for the wife and child).