NEHA MATHUR Vs. ARVIND KISHORE

JUDGEMENT

(1.) The petitioner-husband (respondent herein in Petition No. 1345/2018) has preferred S.B. Criminal Revision Petition No. 1095/2018 against the order dtd. 30/8/2018 passed by the learned Judge, Family Court No. 2, Bikaner in Criminal Misc. Case No. 18/2016 (268/2015), whereby the learned court below has allowed the application under Sec. 125 Cr.P.C. preferred by the wife, while awarding a monthly maintenance to the wife and son, to the tune of Rs.50,000.00 and Rs.20,000.00 (totalling Rs.70,000.00) respectively, and thus, the husband sought quashing and setting aside of the said order. The petitioner-wife (respondent herein in Petition No. 1095/2018) has preferred S.B. Criminal Revision Petition No. 1345/2018, challenging the same order dtd. 30/8/2018, while making prayer only to the extent that the amount of monthly maintenance, as already awarded by the learned court below, be enhanced to Rs.2,50,000.00 (for wife) and Rs.1,30,000.00 (for son).

(2.) Mr. Shadan Farasat assisted by Mr. Harshit Bhurani, learned counsel, who appeared on behalf of the husband submitted that the marriage in this case was solemnized on 27/5/2010 at Bikaner; thereafter, the couple went to reside in United States of America (USA). Learned counsel further submitted that out of the said wedlock, Master Anay (son) was born on 21/5/2011.

(3.) On the other hand, Mr. Parvej Moyal, learned counsel for the wife submitted that the husband is taking the plea of desertion by the wife, merely to deny maintenance to her, as awarded by the learned court below, whereas, he himself had sought divorce in the Court at USA and the same was ex parte done in favour of the husband on 29/4/2015, while passing the necessary decree.