MANOJ BATRA Vs. SIMRAN BATRA AND ORS.

JUDGEMENT

(1.) The petitioner-husband has filed present criminal revision impugning the judgment dated 20.09.2019 passed by learned Additional District and Sessions Judge, Principal Judge, Family Court, Sonipat, whereby on a petition filed by the respondents under Section 125 Cr.P.C, the family Court, while considering the salary of the petitioner as Rs.52,000/- per month, has awarded maintenance allowance @ Rs.6,000/- per month to each of to the respondents from the date of filing of the petition.

(2.) Briefly stated, the respondents had filed a petition under Section 125 Cr.PC through their natural guardian/mother Smt. Madhu Batra, who is legally wedded wife of the petitioner. Out of this wedlock, respondents No.l and 2 were born on 28.06.2001 and 13.02.2004 respectively. Since the mother of the respondents was being maltreated by the petitioner on one pretext or the other, she had filed an application against the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The petitioner had physically assaulted his wife and for this reason, she had also filed a complaint against him under Section 323, 324 and 506 IPC. The petitioner had left the company of the respondents and their mother since 20.4.2014 continuously and he was neglecting them, necessitating them to file present petition under Section 125 Cr.P.C.

(3.) Whereas the respondent No.1 was studying in 9th class in Holy Child Senior Secondary School, Sonipat, respondent No.2 was studying in 6th class in Janki Dass Kapur Public School, Sonipat. The respondents have no source of income and being the minor sons of the petitioner are required to be maintained by him as they have no movable and immovable property in their names. The petitioner is an employee with New India Assurance Company Limited, New Delhi.