SUNIL SACHDEVA Vs. RASHMI

JUDGEMENT

(1.) Sunil Sachdeva has filed this petition under Sec. 482 Cr.P.C. for quashing of judgment dtd. 7/12/2016 passed by learned Additional Sessions Judge, Pathankot vide which Rashmi/respondent has been granted maintenance at the rate of Rs.15,000.00 per month.

(2.) The brief facts of the case are that Rashmi, respondent No.1 got married with Sunil Sachdeva, petitioner on 10/9/1983 according to Hindu Rites. Out of this wedlock, they had two children; son namely Karan born on 20/7/1984 and a daughter namely Kanika born on 26/4/1987. After marriage, due to their matrimonial dispute, Rashmi was ultimately turned out of the matrimonial home along with her two children in July, 1993. Sunil Sachdeva, the petitioner in this case, filed divorce petition against his wife, Rashmi which was dismissed. He filed appeal before the Hon'ble High Court which was also dismissed. It is alleged by Rashmi that she was employed in Army Public School, Pathankot and was getting salary of Rs.17000.00 per month but she was unable to maintain herself and her daughter. She was residing in rental accommodation and huge amount was spent on electricity, water, conveyance, maintenance and other expenditure. Her daughter Kanika was a medical student and was not earning hand. She was to bear the expenditure of fee, lodging and boarding of her daughter. The expenditure was allegedly around Rs.25,000.00 per month. She was forced to do the job to save themselves from starvation in the year 2000. They are living at the mercy of their relatives. They don't have any moveable or immovable property or any other source of income. On the other hand, respondent i.e. the present petitioner is well off. He is earning handsomely. He is running a shopping centre of readymade garments under the name and style of 'Kanika Shopping Centre'. He is running a hotel 'Jewel' and he is also having rental income as the premises are rented out to Allahabad Bank. Therefore, he is earning more than Rs.1.00 lac per month. With these facts, Rashmi and her daughter, Kanika claimed maintenance of Rs.25,000.00 per month by filing application under Sec. 125 Cr.P.C.

(3.) The application was opposed by the respondent i.e. the present petitioner, Sunil Sachdeva raising preliminary objection that Rashmi Sachdeva is employed in Army Public School, Pathankot for the last more than 10 years and she was also taking tuitions and her income is not less than 17,500/- per month. It was further alleged that as per agreement between them, they have already received Rs.3.00 lacs from the respondent towards past, present and future maintenance for the wife and two children. Ms.Kanika is 24 years old and completed her studies of MBBS. She is earning her livelihood. He used to pay school fee for his daughter throughout these years. He also provided fee for medical college as well as hostel fee. In fact, he is unnecessarily dragged into litigation. He also brought up his son Karan Sachdeva who passed his B.Tech and is employed as Sales Engineer in IMB, Gurgaon for the last 1-1/2 years and is earning Rs.25000.00 per month. He is not paying anything to the respondent. He is giving surplus money to the applicant. He further claimed that Kanika Shopping Centre was under the loan to the tune of Rs.25.00 lacs with Hindu Urban Bank, Pathankot and he has sold the same to his brother Manoj Sachdeva who has liquidated the said loan. As far as the disposal of divorce petition by the trial court and the Hon'ble High Court is concerned, it is alleged that the matter is pending before the Hon'ble Supreme Court of India. All these allegations leveled against him and his family members are false. The civil and criminal litigation has caused physical and mental agony to him and to his family members. The applicant is living in her own house. She has concealed material facts from the court. There is no hotel namely, Jewel. The respondent and his brother have transformed certain rooms of the house to earn their livelihood. There is no alleged rental income, as the premises belong to his brother and he got it vacated by filing a case. In fact, his monthly income is not more than Rs.6000.00 per month. It is prayed that the application filed by the petitioner-Rashmi, may kindly be dismissed.