VIRENDER SINGH Vs. SANTOSH VERMA

JUDGEMENT

(1.) The petitioner in this petition seeks quashing of the order dated 21.02.2015, passed by the Magistrate and the order dated 06.06.2015, passed by the Additional Sessions Judge, Faridabad. The trial Magistrate had allowed Rs. 80,000/ - per month as maintenance to the respondent. Aggrieved with the order passed by both the Courts below, challenge has been laid to them.

(2.) The factual matrix is required to be exposited. The parties got married in 1992. No child was born to them. The brother's son was adopted. Some years later, the couple was blessed with a son. The adopted son is major. The younger child is 15 years old. The wife left the matrimonial home after 21 years of marriage and is now living with her father who is a pensioner. Admittedly, the husband is working with J.K. Tyres Ltd. The wife had pleaded that the husband had additional income from the company SVS Facilities Pvt. Ltd., whose turn over was in crores and had an income of Rs. 30 lacs per annum from J.K. Tyres. The trial Court after assessing the material that was placed before it, observed that there was an admission on behalf of the husband that he was earning Rs. 22 lacs per annum and directed him to pay Rs. 80,000/ - per month to the wife and the minor child from the date of filing of the petition.

(3.) The husband carried an appeal pleading that the wife was a Director in SVS Facilities Pvt. Ltd. and she used to get income of Rs. 5,000/ - per month but as the business was running into losses, she had retired and he also had resigned and salary in his hand was Rs. 40,000/ - per month, after deductions. He had explained that he was discharging loans and had to maintain his ailing mother and adopted son and was not in a position to pay the huge amount allowed by the Courts below. It was pleaded that he had never admitted that his income to be Rs. 22 lacs per annum. The appeal was dismissed by the Additional Sessions Judge on 06.06.2015.