SAVITA DASS Vs. SAMSON DASS

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner to challenge the legality and correctness of an order dated 01.07.2014 of learned Principal Judge, Family Courts Saket in the proceedings under Section 125 Cr.P.C. by which interim maintenance was declined to her. Respondent after appearing initially, opted to remain absent on the adjourned dates.

(2.) I have heard the learned counsel for the petitioner and have examined the file. Proceedings under Section 125 Cr.P.C. have been initiated by the petitioner wife against the respondent husband. The respondent after filing written statement in the said proceedings did not appear and was proceeded ex -parte. The case is now fixed before the Trial Court for final disposal.

(3.) Marriage between the parties is not disputed. The petitioner is living separate from the respondent since 2013. The respondent has admitted to be earning about Rs.50,000/ - per month due to employment with a T.V. channel. He has a son namely Steve from his previous wife dependent upon him for maintenance. In the petition, the petitioner claimed that she was forced to take up small jobs and at present was working as an Assistant to a Principal of a School in Mayur Vihar, Phase - I, New Delhi and was unable to make both ends meet. In the written statement, the respondent averred that the petitioner was earning handsome amount from her job and was also running an NGO in the name of M/s. Samarpan. She is having an income of Rs.70,000/ - per month from all sources. In the Income affidavit, the petitioner disclosed her income to be Rs.5,000/ - - Rs.7,000/ - per month. Nothing has emerged on record if the petitioner is having any specific and definite income from the NGO M/s.Samarpan as claimed by the respondent. He did not produce on record any cogent document to infer the petitioner's income to be more than Rs.7,000 per month. In the impugned order, the Trial Court was of the view that petitioner's income in between Rs.5,000/ - - Rs.7,000/ - was enough to maintain herself.