SANDEEP MALIK Vs. RENU

JUDGEMENT

(1.) The petitioner, through the instant petition is seeking setting aside of order dtd. 12/12/2022 whereby Additional Principal Judge, Family Court, Sonipat has allowed maintenance of Rs.55,000.00per month to respondents i.e. Rs.25,000.00 to respondent No. 1-wife and Rs.15,000.00 per month each to respondents No. 2 and 3-minor daughters of the petitioner.

(2.) The brief facts of the case are that petitioner solemnized marriage with respondent No. 1 on 11/11/2011 as per Hindu rites and rituals. Two children were born from this wedlock who at present are staying with respondent No. 1 i.e. wife of the petitioner. The parties could not enjoy fruits of the marriage and started staying separate. The respondent preferred a petition under Sec. 125 Cr.P.C. seeking maintenance from the petitioner. The matter came up for consideration before Family Court, Sonipat which vide impugned order dtd. 12/12/2022 has awarded maintenance of Rs.55,000.00 per month to the respondents i.e. Rs.25,000.00 to the wife and Rs.15,000.00per month per child.

(3.) Learned counsel for the petitioner inter alia contends that petitioner is indubitably working in Indian Army as Lieutenant Colonel, however, his carry home salary is Rs.66,000.00 per month, thus, he cannot pay a sum of Rs.55,000.00 per month to the respondents.