LAWS(HPH)-2020-8-40

ANSHUL SHARMA Vs. ARYANTIKA SHARMA

Decided On August 11, 2020
Anshul Sharma Appellant
V/S
Aryantika Sharma Respondents

JUDGEMENT

(1.) By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for the following relief:-

(2.) Brief facts necessary for the adjudication of the present petition are that respondents before this Court (hereinafter to be referred as 'the applicants') filed an application under Section 125 (B) of the Code of Criminal Procedure for grant of maintenance against the present petitioner inter alia on the ground that they were the legitimate daughters of the present petitioner and were entitled for maintenance at the rate of Rs. 10,000/- per month each on account of reasons mentioned in the application. It was the case of the applicants before the learned Court below that they were students and money was required for their upkeep besides for the purpose of payment of fees and educational expenses as also their clothing etc. According to them, they were not being maintained by the petitioner since the month of September, 2017. Their case was that the petitioner was a well renowned Astrologer and had income of more than Rs. 50,000/- per month. He was having two houses at Bilaspur and rental income of more than Rs. 15,000/- was received from the properties. As per the applicants, it was on account of some illicit relationship of their father with a lady that relations between the parties, including their mother had become strained, resulting in physical abuse of theirs and mother as well by the petitioner.

(3.) The application was resisted by the present petitioner inter alia on the ground that he was neither having income as alleged nor he was a man of means. As per him, he had already taken educational loan in the name of one of his daughters which he had paid himself and the contention of his daughters with regard to the fees etc. was also not correct. According to the petitioner, his wife had misbehaved with his aged parents and had thrown them out of the house and he was not responsible for the strained relationship.