SAMAR MEER ALIAS CHIKA Vs. NIHARIKA MEER

JUDGEMENT

(1.) This revision application takes exception to the order dated 28.6.2016, passed by the Principal Judge, Family Court Gwalior, whereby the interim maintenance of Rs.40000/- has been fixed.

(2.) Briefly stated the facts are that the marriage was solemnised between the parties and after sometime, due to several reasons, the relations between the parties deteriorated prompting the non-applicant to live separately. However, according to her, she was forced to live separately and, therefore, an application for fixation of maintenance was filed under Section 125 of the Code of Criminal Procedure (CrPC). Apart from it, another application under Protection of Women from Domestic Violence Act, 2005 was also preferred by the nonapplicant. The Family Court while deciding the application for fixation of interim maintenance till final disposal of the application under Section 125 CrPC, fixed the interim maintenance at Rs.40000/- against which the instant revision has been filed.

(3.) Per Contra, the respondent highlighted the documents filed by her along with interim application for maintenance. According to the documents, the present applicant is an office bearer of the society, which is running two colleges and two schools. Further, the fee structure followed by the school was filed to indicate as levish earning of the applicant. The photograph of marriage shows that the applicant spent a lot of money which is inconceivable for a person who is pretending to earn only Rs.40000/- per month. Apart from it, the respondent also apprised the Court about the luxurious life led by the applicant as he possesses vehicles viz., two Mercedes, two Pajero and one Jaguar. The applicant is also operating several bank accounts, therefore, the court below was justified in passing of the impugned order.