ARSHI PARVEEN Vs. MAQSOOD @ SONU

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner- wife seeking setting aside of the order dtd. 6/3/2024 [hereafter impugned order] passed by the learned Principal Judge, Family Court (Shahdara), Karkardooma Courts, Delhi [hereafter Family Court] in MT Case no. 115/2023, filed under Sec. 125 of the Code of Criminal Procedure, 1973 [hereafter Cr.P.C.], whereby an amount of 2,500/- has been awarded as interim maintenance to the petitioner.

(2.) It is the case of the petitioner that she and the respondent were married on 27/6/2021 as per Muslim rites and ceremonies in Uttar Pradesh. No child was born out of the said wedlock. It is stated that soon after marriage, the petitioner was subjected to cruelty by the respondent and his family members on account of insufficient dowry. It is further stated that prior to the marriage, the respondent had represented to the petitioners family that he was working as a teacher. According to the petitioner, on 10/6/2022 at about 05:00 PM, she was forcibly turned out of her matrimonial home after being physically assaulted by the respondent and his family members. It is stated that the petitioner is a housewife, has no movable or immovable property in her name, and has no independent source of income. She has studied only up to the 11th standard and is wholly dependent upon her parental family for her sustenance. It is further the case of the petitioner that the respondent is a man of means. She claims that he is a graduate and is working as a teacher in a private school, earning approximately 25,000/- per month. It is further alleged that he also imparts private tuition and earns an additional 15,000/- per month, besides running a grocery shop and earning rental income of about 30,000/- per month, and is leading a comfortable and luxurious life. On these assertions, the petitioner filed a petition under Sec. 125 Cr.P.C. in February, 2023.

(3.) On 4/5/2023, the respondent appeared before the learned Family Court and submitted that he was working with an NGO and earning only 8,000/- per month. On the said submission, he was directed to pay ad-interim maintenance of 2,500/- per month to the petitioner. Thereafter, both parties filed their respective affidavits of income, assets, and liabilities.