AMRIT KHUNTIA Vs. PALLAVI SHARMA

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 19(4) of the Family Court Act 1984 read with Sec. 397 and 401 of the Code of Criminal Procedure against the order dtd. 31/7/2023 passed by learned Principal Judge, Family Court, Kangra at Dharamshala, H.P. (learned Trial Court) vide which maintenance of Rs.10,000.00 and Rs.5,000.00 per month each, respectively were awarded in favour of respondents no. 1 and 2 (petitioner no. 1 before learned Trial Court) from the date of order till final disposal of the main petition. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present petition are that the petitioners filed a petition seeking maintenance before the learned Trial Court. The learned Trial Court held that the purpose of Sec. 125 of Cr.P.C. is to ameliorate the financial suffering of a woman, who has left her matrimonial home. The husband having sufficient means is bound to maintain his wife and children to prevent destitution and vagrancy. The children are not only entitled to sustenance but for expenses for their education and medicines; hence maintenance of Rs.10,000.00 per month was awarded in favour of petitioner No.1 and maintenance of Rs.5000.00 per month was awarded to petitioner No.2 from the date of till the final disposal of the main petition. Litigation expenses of Rs.5,000.00 were also awarded in their favour.

(3.) Being aggrieved from the order passed by learned Trial Court, the respondent has filed the present petition asserting that petitioner No.1 is an educated lady holding an M.Tech decree in Electronics and Communication from Bahra University. She has a B Tech Electronics and Communication degree from Maharishi Markandeshwar University. The respondent is only a graduate having Bachelor's degree in Arts (second division) from Utkal University. Petitioner No.1 did not look after the respondent's parents and tried her best to separate the respondent from his aged parents. She deserted him on 6/4/2018 without any reasonable cause. He was forced to retire from the Indian Air Force without any pensionary benefits. He is a student undergoing LL.B at Utkal University in Bhubaneshwar. He has no source of income and is totally dependent upon his father for his expenses. Petitioner No.1 is earning more than Rs.1.5 lakh and can maintain herself. The learned Trial Court erred in awarding maintenance to her. The respondent has no source of income and maintenance was awarded on the higher side. There is a negligible amount in the bank account of the respondent; hence, it was prayed that the present revision be allowed and the order passed by the learned Trial Court be set aside.