LAWS(DLH)-2019-1-61

PANKAJ CHAWLA Vs. DIVYA KAPOOR

Decided On January 08, 2019
Pankaj Chawla Appellant
V/S
Divya Kapoor Respondents

JUDGEMENT

(1.) These cross-petitions impugn order dated 19.01.2017, whereby, the Family Court has disposed of the interim maintenance application filed by the Wife - Divya Kapoor and directed the husband - Pankaj Chawla to pay a sum of Rs.24,000/- per month to the wife. Crl.Rev.P.146/2017 has been filed by the husband, inter alia, on the ground that the respondent is not entitled to any maintenance and Crl.Rev. P.172/2017 has been filed by the wife contending that the interim maintenance, assessed by the Trial Court, is on a lower side and way below the expenditure being incurred by the wife.

(2.) Parties married on 30.01.2013 according to Hindu rights and ceremonies. They separated on 10.04.2014. Subject application has been filed under Section 125 Criminal Procedure Code, 1973 (Cr.P.C. for short) on 25.07.2014 by the wife claiming maintenance at the rate of Rs.60,000/- per month besides litigation expenses of Rs.44,000/-. It is contended that the wife has no source of income of her own to meet out the daily expenses and day-to-day needs.

(3.) The application has been opposed by the husband, inter alia, on the ground that the wife is highly qualified and there is no justification for granting maintenance to her. It is contended that she has a Post Graduate Diploma in Business Administration and has the capacity and capability to maintain herself to earn her livelihood and is deliberately, willfully, knowingly and intentionally sitting idle and has not made any honest and sincere attempt to apply for any job.