PANKAJ Vs. ARCHANA

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner-husband seeking setting aside of the order dtd. 11/10/2023 [hereafter 'impugned order'], passed by learned Judge, Family Court, New Delhi District, Patiala House Courts [hereafter 'Family Court'] in Maintenance Petition No. 55/2021, filed by the respondent no.1-wife under Sec. 125 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C. '] vide which interim maintenance in the sum of Rs.20,000.00 per month was granted in favour of the respondents.

(2.) Briefly stated, the facts of the present case are that the petitioner and respondent no.1 were married and the factum of marriage is not in dispute; however, owing to matrimonial discord, the parties started living separately, with respondent no.1 alleging that she was compelled to leave the matrimonial home due to physical assault and cruelty committed upon her. From the wedlock, a son was born on 7/11/2012 who is in the custody of the petitioner-husband, while the daughter born on 11/2/2017 (i.e. respondent no.2) is in the custody of respondent no.1-wife.

(3.) Respondent no.1 filed an application under Sec. 125 of the Cr.P.C. seeking maintenance from the petitioner, contending that due to lack of adequate accommodation, she had shifted to rented premises on 11/2/2021 and was paying rent of Rs.7,000.00 per month. She further alleged that the petitioner owned properties at Munirka fetching rental income, possessed another flat, and was engaged in property dealing besides working on contractual basis with MCD, on which basis maintenance of Rs.75,000.00 per month for herself and Rs.50,000.00 per month for the minor daughter was claimed. The petitioner denied these allegations, asserting that he owned no such properties, had no rental income, and was earning only Rs.13,500.00 per month from his contractual employment with MCD, while alleging that respondent no.1 herself was earning Rs.50,000.00 per month from a beauty parlour.