RAJESH KUMAR Vs. PIYUSH AND ORS.

JUDGEMENT

(1.) These are two revisions assailing the order passed by the District Judge, Family Court, Ambala dated 30.11.2012, one filed by the father, Rajesh Kumar and the other by his minor children. The Family Court, Ambala allowed Rs. 10,000/ - per month as maintenance to both the minor children. The father is seeking modification in the amount as the awarded amount is exorbitant. The children are seeking enhancement.

(2.) Rajesh was married to Dipti on 11.12.2006. They had two children, a son and a daughter. The mother works as a Lecturer in Agra. The father is posted as a Constable with Delhi Police. The Children are with the grand parents at Ambala. That is the reason why the petition was filed at Ambala. The children were minor, therefore, the petition was filed through the mother. Levelling allegations of demand of dowry, it was pleaded that the husband kept her (mother) without food and used to beat her. It was pleaded that she was thrown out of the matrimonial house on 05.10.2007 and the husband refused to keep or maintain her. Both the petitioners are twins and were born on 25.06.2008. The petitioners claimed that the husband was earning Rs. 30,000/ - per month and had additional income from immovable property. A claim of Rs. 15,000/ - per month was made. The petition was filed in 2010.

(3.) The husband on the other hand had pleaded that his wife had left the matrimonial home and had abandoned his company. It was pleaded that she was professionally qualified and was M.A in English and had done her B.Ed. and was a Lecturer in Ghaziabad (U.P.) and was earning Rs. 30,000/ - per month. It was pleaded that his carry home salary was Rs. 11,000/ - per month. It was pleaded that the wife had never discharged her matrimonial duties and she could not adjust in his family and demanded separate accommodation and her father threatened to implicate him in false cases and she was in habit of going on frequent hunger strikes when her demands were not fulfilled. It was pleaded that he had never beaten his wife and she had created false stories of being thrown out of her matrimonial home and she herself did not ever want to be a mother and had taken medicine from a chemist shop which created complications and she was later admitted in hospital. It was denied that he was getting Rs. 30,000/ - per month as salary.