LAWS(MPH)-2008-8-2

RANJEET KHANUJA Vs. HARMEET KAUR

Decided On August 05, 2008
RANJEET KHANUJA Appellant
V/S
HARMEET KAUR Respondents

JUDGEMENT

(1.) BEING aggrieved by the order dated 02-08-07, passed by First Additional, family Court, Indore in case No. 56/07, whereby the application filed by the respondent under Section 125 of the Cr. P. C. for grant of maintenance was allowed and a sum of Rs. 6,000/- per month was awarded as maintenance, present revision petition has been filed.

(2.) SHORT facts of the case are that the respondent who is the wife of petitioner filed a petition under Section 125 of the Cr. P. C. for grant of maintenance on 27-03-04 alleging that marriage took place with the petitioner on 19-11-00 out of the wedlock respondent delivered a baby Prachi. It was alleged that respondent is not in a position to maintain herself and her daughter, while the petitioner is in the business and whose earning is more than of rs. 10,00,000/- per annum. It was prayed that monthly maintenance be awarded. The petition was contested by the petitioner. After hearing of the parties learned Court below allowed the application and awarded a sum of Rs. 3,000/-per month to respondent and Rs. 3,000/- per month to her daughter Prachi as maintenance against which the present petition has been filed.

(3.) SHRI Amit Agrawal, learned Counsel for the petitioner submits that the amount awarded is on higher side. It is submitted that Prachi is the daughter of respondent who is studying in Class-II. It is submitted that while fixing the maintenance, learned Court has to keep in mind the income of the petitioner as well. It is submitted that petitioner is in business of "sona lubricants". It is submitted that as per the assessment order of Commercial Tax Department, the petitioner has sustained losses in business. It is submitted that in the facts and circumstances of the case, the amount awarded is on higher side which deserves to be reduced.