BHUPENDER SINGH YADAV Vs. POONAM

JUDGEMENT

(1.) HUSBAND Bhupender Singh Yadav has filed this revision petition assailing judgment dated 03.09.2010, passed by learned District Judge, Family Court, Gurgaon, thereby directing the petitioner-husband to pay Rs.15,000/- per month as maintenance to respondent-wife Poonam in petition filed under Section 125 of the Code of Criminal Procedure. I have heard counsel for the parties and perused the case file. Para 2 of the impugned judgment is reproduced hereunder :-

(2.) THE wife appeared as her sole witness and broadly stated according to her version that the husband was earning Rs.15 lacs per month. However, defence of the husband was struck off, and therefore, no evidence was led on his behalf.

(3.) COUNSEL for the petitioner pointed out that the respondent-wife is residing in Flat No.401, of which the husband is paying rent @ Rs.8,000/- per month and the said amount should be adjusted. Counsel for the respondent-wife, however, submitted that the husband is owner of the aforesaid flat, having purchased it through agreement. Be that as it may, the fact remains that the wife is residing in the accommodation being provided by the husband. Consequently, some allowance for the same has to be given to the husband by reducing the amount of maintenance fixed by the Family Court. Otherwise, the amount of maintenance awarded by the Family Court does not warrant any interference at the instance of the husband.