AARTI GUPTA Vs. SUNIT KUMAR GUPTA

JUDGEMENT

(1.) The instant criminal revision has been filed by the petitioners seeking to challenge the order dated 12.10.2016 passed by the Family Court, Ambala whereby, petitioner No.1-wife has been allowed maintenance @ Rs. 2000/- per month from the date of filing of the petition till the period she remained out of job whereas, petitioner No.2-minor son has been allowed maintenance @ Rs. 2000/- per month from the date of filing of the petition, on the ground that the same is meager and insufficient.

(2.) In brief, the facts of the case are that a marriage was solemnized between petitioner No.1-Aarti Gupta and respondent-Sunit Kumar, out of which wedlock petitioner No.2-minor child was born. On account of differences that arose between the parties to the marriage, they started residing separately and a petition claiming maintenance was filed under Section 125 Cr.P.C. by the wife for herself as well as on behalf of the minor child, aged 06 years in the year 2013. It was alleged that petitioner No.1-wife was doing a job of Guest Teacher and was not earning sufficiently to support herself and the minor child whereas, respondent- husband, who was a Chartered Accountant by profession, was earning about Rs. 1 lac per month. The petitioners had prayed for maintenance @ Rs. 50,000/- per month.

(3.) The said petition filed under Section 125 Cr.P.C. was contested by the respondent herein by alleging that it was petitioner No.1-wife herself, who had willingly deserted him, while pleading that petitioner No.1 was getting a salary of Rs. 15,840/- per month, besides interest from the bank deposits whereas, his gross total income was Rs. 1,71,245/- per annum. It was further alleged that petitioner No.2-minor child had been adopted by the brother of petitioner No.1-wife and was residing with them, while contending that the said adoption was without his consent.