JAIBIR SINGH Vs. ROSHNI AND ANOTHER

JUDGEMENT

(1.) THE present revision petition has been filed for setting aside the judgment dated 6.12.2012, passed by learned District Judge, Family Court, whereby the application under Section 125 Cr.P.C. filed by the respondents was allowed and petitioner has been ordered to pay a sum of Rs. 4000/ - per month each of the respondents as maintenance allowance. Learned counsel for the petitioner submits that the learned District Judge has committed error while granting maintenance. The petitioner is poor a person. He further submits that the respondent No. 1 herself left the matrimonial home without any cause. No evidence with regard to the income of the petitioner was produced before the learned District Judge.

(2.) HEARD and perused.

(3.) RESPONDENT No. 1 alongwith her minor daughter is residing in her parental home, as she was turned out from her matrimonial home. If the petitioner wanted to join the respondents, he could have approached the complainant/respondent or would have filed a petition for restitution of conjugal rights. However, the petitioner has chosen to file a petition under Section 13 of the Hindu Marriage Act for grant of decree of divorce. Admittedly, the petitioner is having agricultural land yielding sufficient income. In the circumstance, the amount awarded is not on higher side. In view of the above, this Court finds no illegality of perversity in the order passed by the learned District Judge, Family Court, Hisar. Accordingly, the present revision petition is dismissed being devoid of any merit.