SUNIL KUMAR Vs. HEMLATA KUMAWAT

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner being aggrieved with the order dated 29.08.2016 passed by the Family Court, Pali (hereinafter referred to as the 'court below') in Criminal Case No. 109/2013, whereby the court below has allowed the application filed on behalf of the respondents under Section 125 Cr.P.C. and directed the petitioner to pay monthly maintenance to the tune of Rs. 17,500/- to the respondents (Rs. 7,500/-to the respondent No.1 and Rs. 5,000/- each to the respondent Nos. 2 and 3.)

(2.) Learned counsel for the petitioner has submitted that the court below has assessed the monthly income of the petitioner without their being any proof. It is contended that the only evidence produced by the respondents before the court below was the copy of income tax return of the petitioner pertaining to the Financial Year 2010-11, however, from the said income tax return, it is clear that the annual income of the petitioner was 2,25,350/- only and as such it cannot be said that the petitioner is earning handsome amount per month and he is liable to pay huge amount Rs. 17,500/- to the respondents.

(3.) Learned counsel for the petitioner has further argued that the court below without taking into consideration the evidence produced by the parties in right perspective has illegally ordered the petitioner to pay monthly maintenance to the respondents.