BRIJESH KUMAR RASTOGI Vs. KANTI RASTOGI

JUDGEMENT

(1.) HEARD counsel for the petitioner.

(2.) IN the opinion of this Court an amount of Rs. 10,000/ - per month for the wife and Rs. 5,000/ - for two children out of the marriage of the opposite party, wife with the petitioner cannot be held to be either excessive or illegal in the context it was so awarded. It has to be borne in mind that initially the petitioner had filed a suit for divorce which was decreed ex parte. In fact, an application for custody of child was also filed and that was also allowed ex parte. All these matters are still being contested by the wife, who definitely has raised a plea that she was not given notice either in the divorce case or in the case relating to custody of child.

(3.) IN between came a situation for her maintenance and she had filed an application under Section 125. of the Code of Criminal Procedure which was keenly contested by both the parties, whereafter the court below has recorded finding in paragraph 12, which reads as follows: - "The applicant has adduced oral evidence in respect of income of O.P. about Rs. 50,000/ - per month by business. The O.P. has denied the same but from perusal of his statement in cross -examination in paras 5 to 10 it appears that he has grocery shop, business of money lending, wholesale business of edible oil. Although the business is in the name of mother and father but he is sole son of his parents and managing all the business. Hence, he has sufficient means and income and business in names of his parents is just for namesake. The evidence of applicant is more reliable in comparison to evidence of O.P., not corroborated by any witness, that he is earning Rs. 50,000/ - per month from his business. Hence, he has sufficient means to provide maintenance to applicant and his children."