LAWS(UTN)-2014-7-40

RASHMI AGGARWAL Vs. STATE OF UTTARAKHAND

Decided On July 15, 2014
Rashmi Aggarwal Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) AS both the revisions, titled above, arise out of the same judgment dated 2.4.2013 rendered by learned Judge, Family Court, U.S. Nagar, hence are being adjudicated together hereinbelow.

(2.) BY the impugned judgment, Smt. Rashmi Aggarwal along with her one daughter Km. Niyati has been awarded maintenance to the tune of Rs.2,000/ - each, in all Rs.4,000/ -, to be payable by the husband Akhilesh Kumar. Another daughter Km. Sheetal is residing with the husband Akhilesh whereas the wife along with her daughter is residing in the accommodation owned by her husband.

(3.) LEARNED counsel for the husband -Akhilesh has vehemently contended that the impugned judgment suffers with infirmity to the effect that without determining his exact income, such maintenance has been awarded. The finding of the Trial Court is based on the assumption that the husband is employed at least in some private shop, to earn a good income. All the same, there is no concrete and credible evidence available on record regarding his employment.