MOHAN SINGH Vs. SAVITRI NEGI

JUDGEMENT

(1.) The present revisions are directed against the order dtd. 1/9/2021, vide which the application for maintenance filed by the wife was allowed and the husband was directed to pay maintenance @ ?5,000/- per month to the wife from the date of the filing of the petition. (Parties shall be referred hereinafter to as their respective status).

(2.) Briefly stated, the facts giving rise to the present petitions are that the wife and her children filed a petition under Sec. 125 of Cr.P.C. for grant of maintenance. It was asserted that marriage between the husband and wife was solemnized in the year 1987. Three children (petitioners No.2 to 4) were born to the parties. The husband expected a male issue but when three daughters were born, he started quarrelling with his wife and beating her. He demanded ?5,00,000/- from his wife. He said that he had taken a loan from Smt. Meera. When the wife was unable to meet the demand, the husband turned her and her children out of his home. The husband opened the lock of the door with the intervention of relatives and respectable persons of the society and gave only two rooms to the wife and her children in the house. The husband is also residing in the same building as the petitioners.

(3.) The petition was opposed by filing a reply denying the contents of the petition. It was asserted that the wife is receiving the rent of ?4,500/- from Naresh Kumar and ?2,000/- from Hem Chand. The children have become majors. Petitioner No.2 was working as a Manager at Aroma Hotel in Chandigarh. She was getting a salary of ?22,000/- per month. Petitioner No.3 was doing the course of BDS at Shimla and was going to finish her course in 2016. Petitioner No.1-wife was running a boutique at home and she was earning ?7,000/- per month. The respondent-husband was providing all expenses for the education of his children. The wife became Brahamkumari in March 2014. She filed various complaints against her husband before various authorities. Respondent- husband had taken a loan to construct the house. The petition was filed on the false facts. The respondent-husband was getting ?36,200/- whereas petitioner No.1 wife was getting ?6,500/- per month as rent; therefore, it was prayed that the present petition be dismissed.