ADITYA TOMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision is directed against the order dated 21.11.2014 passed by the learned Principal Judge, Family Court in Maintenance Case no. 162 of 2009 whereby the petitioner was directed to pay the maintenance amount of Rs. 15,000.00 per month to the opposite party-wife.

(2.) Learned counsel for the petitioner has assailed the impugned order and submitted that without assessing the actual income of the petitioner, the learned trial court has directed the petitioner to pay an exorbitant amount of Rs. 15,000.00. It is urged that the learned court did not afford an opportunity to the petitioner to lead the evidence in rebuttal to the claim. It is urged that the petitioner had met with an accident due to which he could not attend to his job consequently he lost his job and at present he has no source of income. It is contended that the Court below should have considered the fact that the opposite party is a graduate in management and is earning Rs. 25,000.00 per month and is capable of maintaining herself. It is submitted that since the opposite party is earning a handsome salary, hence, she is not entitled to any maintenance to be paid by the petitioner.

(3.) Learned counsel on behalf of opposite party has submitted that the petitioner was holding the post of Manager in Reliance Insurance Company and he runs an Electrical goods shop at Dehradun in the name and style of 'Doon West'. It is argued that despite receipt of the notice the petitioner had abstained from participating in the proceeding in the court below. That in fact the petitioner had instituted a Matrimonial Suit for divorce before Dehradun court, which was subsequently transferred to the Family Court at Dhanbad, by the orders of Honourable Supreme Court. That the opposite party had instituted C.P. Case no. 1654 of 2008 under Sec. 498A I.P.C., and Dowry Prohibition Act, against the petitioner at Dhanbad civil courts. The petitioner faced the trial in the said case and was convicted for the offence under section 498A I.P.C and under Sec. 4 of the Dowry Prohibition Act.