VIPIN SINGAL Vs. HANSIKA

JUDGEMENT

(1.) Since both these petitions one by Hansika daughter and second by Vipin Singal father of Hansika are impugning a common judgment dtd. 18/11/2015 of the court of learned District Judge, Family Court, Rohtak and thus for the sake of brevity are being taken up and disposed of together.

(2.) The applicant Hansika daughter of then respondent Vipin Singal being minor daughter through her mother Usha alias Arshi filed a maintenance application under the provisions of Sec. 125 Cr.P.C. seeking maintenance allowance from the father. The preliminary grouse over assertion of this right is based on the averments that she was residing with her mother and was having no independent source of income or earnings. She has underlined the family background claiming that she was born out of wedlock of her mother with respondent Vipin Singal on 11/10/2001 at PGI, Rohtak and prior to that her mother was married with one Shyam Sunder on 3/3/1995 and due to matrimonial dispute they had parted ways and divorce was secured on 7/9/1999 from the court of learned Additional District Judge, Rohtak. Thereafter her mother developed live-in- relationship with respondent out of which she was born. It is the case of the applicant girl that subsequently respondent tried to get out of this relationship by performing marriage with one Rangini and her mother had lodged FIR No. 307 dtd. 18/5/2006 under Ss. 376, 417, 420 and 406 IPC, Police Station Civil Lines, Rohtak and which matter was still pending at the time of pendency of this application before the trial court. The applicant claimed that the respondent was working in private company and drawing salary of Rs.40,000.00 per month at that time and similarly was the salary scale of his so called wife Rangini and therefore, claimed maintenance for herself at the rate of Rs.15,000.00 per month besides litigation expenses.

(3.) The applicant examined PW1 Mukesh Chand, Record Keeper, Sessions Court Rohtak, PW2 Mahavir Singh, Clerk, B&D Department, PGI Rohtak, her mother Usha as PW3 and proved the following documents in her evidence:-