AMIT AGGARWAL Vs. RITU AGGARWAL AND ANOTHER

JUDGEMENT

(1.) The petitioner assailed the order dated 12.04.2016, passed by the Addl. Sessions Judge and order passed by the Magistrate on the application filed under Section 125 Cr.P.C.

(2.) The essential facts need a narration. Ritu was married to Amit on 21.10.2003. A daughter was born to them in 2004. The petition seeking maintenance was filed in 2006. The wife pleaded that she had been thrown out of the matrimonial home in June 2006 and had no independent source of income. The husband was a Chartered Accountant and was earning more than Rs.1 lac per month. Besides he owned moveable and immovable property.

(3.) The husband took an objection that the petition was not maintainable at Batala as the marriage took place in Delhi and before marriage the wife was living in Amritsar. It was pleaded that Ritu was a divorcee and as per his information she had received some amount on settlement with the earlier husband. It was denied that their marriage was solemnized with lot of pomp & show. It was pleaded that since both the parties were divorcees, therefore, their marriage was simple.