DHEERAJ KAPOOR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Both the criminal revisions arise out of the same judgment and order dtd. 16/7/2022, passed by the learned Judge, Family Court, Haridwar, District Haridwar in O.S. No. 161 of 2017, whereby the application filed by the minor children under Sec. 125 of the Code of Criminal Procedure (Cr.P.C.) was partly allowed and the father was directed to pay maintenance of Rs.6,500.00 per month to each of the two minor children. Since both the revisions emanate from the same impugned order, they are being decided by this common judgment.

(2.) Criminal Revision No. 626 of 2022 has been preferred by the father, Dheeraj Kapoor, seeking setting aside of the impugned order on the ground that the learned Family Court has erred in law and on facts in awarding maintenance beyond his financial capacity and without properly considering the income of the mother. Criminal Revision No. 629 of 2022 has been filed by the minor children through their mother, seeking enhancement of the amount of maintenance awarded by the Family Court.

(3.) The brief facts of the case are that the marriage between Dheeraj Kapoor and Poonam Kapoor was solemnized on 17/4/2009 according to Hindu rites and rituals. Out of the said wedlock, two children were born, namely Ridhi Kapoor (daughter) and Shaurya Kapoor (son). Owing to matrimonial discord, the parties started living separately, and the minor children have been residing with their mother. The minor children, through their mother, filed an application under Sec. 125 Cr.P.C. alleging that the father was addicted to alcohol and had subjected their mother to physical and mental cruelty. It was alleged that on multiple occasions she was assaulted, her character was maligned, and she was eventually forced to leave the matrimonial home. It was further pleaded that the father was earning about Rs.90,000.00 per month while working in an insurance company and had sufficient means to maintain the children. Maintenance of Rs.30,000.00 per month was sought.