SEEMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY way of this order, I shall dispose of CRM -A -5689 -2014 'Smt.Seema and others Vs. State of Haryana' and CRM -M -15418 -2014 "Virender Kumar Vs. Seema and others" as these have emerged out of same orders dated 23.09.2013 passed by the Chief Judicial Magistrate, Kurukshetra and dated 22.01.2014 passed by the Additional Sessions Judge, Kurukshetra whereby Seema and others have been awarded maintenance under Section 125 of the Code of Criminal Procedure (in short 'Cr.P.C.'). For the sake of convenience, the facts are taken from CRM -M -5684 -2014. Smt.Seema was married to Virender Kumar on 26.05.2003 and out of wedlock of the parties, two children namely Chahat and Ridhi were born and they are presently residing with their mother at Kurukshetra in the house of parents of Smt.Seema since 2007. The petitioners claimed maintenance against Virender Kumar on the premise that they have been neglected by the respondent and have no source of income to maintain themselves. Smt.Seema was taunted, teased and harassed by her husband and his family members on the pretext of insufficient dowry, demand of esteem car and cash amount.

(2.) THE respondent is statedly residing in the joint family and owns huge movable and immovable property such as rice sheller, Kothi, a plot in model town, 5 shops at Pehowa, a shop of spare parts of tractors in the name of M/s Balaji Spare Parts, two shops at Ismailabad, a floor mill and 7 shops at Dhan Mandi and thus earning Rs.30,000/ - per month. The respondent is running a dairy farm and from all sources, his income was stated to be Rs.40,000/ - per month. The petitioners claimed an amount of Rs.20,000/ - per month to meet expenses on their daily needs, education and other needs of the minor children.

(3.) THE respondent filed the reply and, in turn, denied the allegations of the petitioners having been neglected by him and pleaded that petitioner Seema is the guilty spouse. The answering respondent is working as Munim in J.K.Rice Land, Ismailabad at a monthly salary of Rs.5000/ -.