SANJAY Vs. PRAGATI

JUDGEMENT

(1.) Heard and perused the record.

(2.) Brief facts of the case are that the marriage of the petitioner and respondent was solemnized on 30/11/2014. The respondent alleged in the application that petitioner is an Ayurvedic Doctor by profession, however, he stayed at home and does not do any work to earn the livelihood. When the respondent tried to communicate the same to her in-laws they harassed her and ill-treated her. It is further alleged that after lapse of few years, when the respondent was unable to conceive the petitioner and his family members have harassed her mentally and tortured physically. Hence, she started living separately and filed an application under Sec. 125 of Cr.P.C. for grant of maintenance. The learned Family Court has allowed the application filed by the respondent wife and awarded interim maintenance Rs.5000.00 per month. Hence being aggrieved the petitioner has filed the present petition.

(3.) Learned counsel for the petitioner submits that the learned Family Court has committed grave error of law in passing the impugned judgment. The petitioner is ready to keep the respondent with him and maintain them but the respondent did not come to the Court with clean hands. The learned Trial Court has failed to consider the fact that respondent is living separately without any valid reason. It is settled position of law that the proof of burden is first placed upon the wife to prove that the means of her husband are sufficient and she is unable to maintain herself. Therefore, order of maintenance has wrongly been passed and deserves to be set aside. The learned Family Court has wrongly awarded Rs.5,000.00 to the respondent as interim maintenance which is on higher side, hence, prays for setting aside the impugned order.