DINESH CHAND Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The aforesaid petition has been filed against the order dated 29.2.2008, passed by Chief Judicial Magistrate Dausa, whereby maintenance of Rs. 2500.00 per month has been awarded to respondent No. 2, and confirmed by Additional Sessions Judge Dausa vide order dated 9.1.2009.

(2.) The main contention of learned counsel for the petitioner is that both the Courts below have failed to appreciate the financial status of the petitioner. The petitioner was previously working with Shree Shyam Filaments, Bagru and was receiving salary only of Rs. 3000.00 per month. That factory has been closed as the same was burnt, and now the petitioner is unemployed. The petitioner has placed on record annexure-1 salary slips of Oct., Nov., and Dec., 2008, on strength of the salary slips, the petitioner wants to submit his salary was only Rs. 3000.00 per month.

(3.) Learned counsel for respondent No. 2 submits that the petitioner has suppressed material facts before the Court. There is no infirmity in the order of maintenance, and it is in commensurate the needs of the respondent. He also submitted that by way of second inning this petition has been filed, which is misconceived.