TARSEB SINGH TOMAR Vs. SARIKA TOMAR

JUDGEMENT

(1.) The present criminal revision is directed against the judgment and order dtd. 24/7/2024, passed by learned Judge, Family Court, Vikasnagar, District Dehradun in Misc. Criminal Case No.165 of 2023, Sarika Tomar vs. Tarseb Singh Tomar, whereby the application filed by respondent-wife for interim maintenance under Sec. 125 of Cr.P.C. has been allowed and the revisionist-husband was directed to pay Rs.8,000.00 per month to the respondent-wife.

(2.) Facts in a nutshell are that the revisionist-husband and respondent-wife got married on 6/11/2001 according to Hindu rites and rituals. Out of the said wedlock, three children were born, namely, Yash Tomar, 19 years old, Ridhi, 18 years old and Anant Tomar, 10 years old. Sometime after the marriage, revisionist-husband used to mistreat the respondent-wife under the influence of alcohol. Thereafter, on 21/5/2023, revisionist-husband abandoned the respondent-wife after misbehaving with her. Revisionist-husband earns Rs.60,000.00 per month by working at a private television channel, property dealing and selling milk. Thus, respondent-wife has prayed for a monthly maintenance amount of Rs.20,000.00 for herself from the revisoinsit-husband.

(3.) Learned counsel for the revisionist submits that the order of maintenance passed by learned trial court is without taking into consideration the ratio of income of the revisionist-husband. Learned trial court has directed him to pay excessive amount as maintenance to the respondent-wife, which is illegal and improper. He further submits that prior to filing of the application under Sec. 125 Cr.P.C. and during the pendency of the said application, respondent-wife was employed with the Contractor Shri Shubham Chaudhary. He also submits that respondent-wife is living separately without just cause and without any fault on the part of the revisionist-husband, thus, respondent-wife is not entitled to receive any maintenance under Sec. 125 of Cr.P.C.