KHUSHI Vs. ANKIT

JUDGEMENT

(1.) This is a revision that has been filed seeking to challenge the order dated 8.9.2017 passed by the District Judge, Family Court, Gurugram, where by the petition filed by the petitioner for grant of maintenance under Section 125 of the Code of Criminal Procedure has been dismissed.

(2.) In brief, the facts that are a marriage was solemnized between the petitioner and the respondent on 6.12.2012 according to Hindu rites and ceremonies at Gurgaon. However, soon after the marriage on account of matrimonial discord, they separated and the petitioner filed a petition under Section 125 of the Code of Criminal Procedure for grant of maintenance at the rate of Rs. 30,000/- per month on the ground that she is a house wife and has no source of income to maintain herself, while the respondent herein is working in a multinational company at Delhi and is earning Rs. 60,000/- per month.

(3.) The petition was contested by the respondent herein by filing written statement, wherein it was alleged that the petitioner earlier also had filed a similar petition under Section 125 of the Code of Criminal Procedure in Delhi Court, which was disposed of by the Principal Judge, Family Court by order dated 27.5.2014 after making certain adverse observations against the petitioner regarding willful and deliberate concealment on her part. It was also pleaded that the respondent had filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights but the petitioner did not join his company and left the respondent without any just and reasonable cause, and therefore, the petitioner is not entitled to any maintenance.