SANJAY SHARMA Vs. MRS. BABITA

JUDGEMENT

(1.) PETITIONER -husband has filed the present revision petition under Article 227 of the Constitution assailing the order dated 5.6.2009 passed by Family Court, Faridabad, whereby the Respondent -wife along with three minor children, on their application under Section 24 of the Hindu Marriage Act have been granted maintenance pendente lite to the tune of Rs. 2500/ -per month i.e. Rs. 1,000/ -to the Respondent wife and Rs. 500/ -each for the three children, aged 12, 10 and 8 years.

(2.) IT is submitted by the learned Counsel for the Petitioner that maintenance pendente lite granted by the learned Family Court is on higher side without properly assessing the monthly income of the Petitioner. It is further submitted that the learned Family Court has ignored the fact that the Respondent -wife earns Rs. 3,000/ -per month from tailoring and stitching work.

(3.) IT is also not disputed that applicant -Respondent wife in her application had made specific averments that Petitioner was working as a Sweetmeat Seller(Halwai) besides being in engaged in agricultural work. It was alleged by her that his income from both the occupations was around Rs. 21,000/ -per month. Respondent had categorically denied that she had any source of income.