THAKUR DASS Vs. DAMYANTI

JUDGEMENT

(1.) The present petition directs challenge against order dated 13.10.2015 passed by the District Judge, Family Court, Faridabad whereby petition filed under Sec. 127 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for reduction of maintenance has been dismissed.

(2.) The facts relevant for disposal of the present petition are that Smt. Damyanti wife of Sh. Thakur Dass filed a petition under Sec. 125 Crimial P.C. that came to be decided by the trial Court on 20.07.2010 and the petitioner-husband was directed to pay maintenance to the respondent-wife at the rate of Rs. 4,000.00 per month. The present petition was filed on the premise that at the time of decision in the petition under Sec. 125 Crimial P.C., monthly income of the petitioner was Rs. 17,422.00 and his carry home salary was Rs. 9,322.00. The petitioner retired from Escorts Tractors Ltd. Company on 31.10.201 After retirement, his pension was fixed at Rs. 1,947/- per month from Nov. 201 In the month of March 2013, arrears of pension at the rate of Rs. 1,947/- per month were credited in account of the petitioner i.e. Rs. 9,800.00 including interest on the arrears.

(3.) Counsel for the petitioner, in line with the averments raised in the petition, reiterated by the petitioner in his testimony by way of affidavit Ex.PW1/A, has submitted that as the petitioner has lost his salary due to his retirement and his pension is fixed at Rs. 1,947/- per month, maintenance awarded in the proceedings under Sec. 125 Crimial P.C. is liable to be reduced to the extent of Rs. 300.00 per month. It is further argued that the Court below has taken an unreasonable view by rejecting his plea resulting in huge financial burden upon the petitioner qua payment of maintenance at the rate of Rs. 4,000.00 per month despite having no source to discharge his liability.