Home > CrPC 125 > Delhi Session Court:- Wife is not entittle for maintenance as she is able to maintain to herself which is proved by the IT assessment.

Delhi Session Court:- Wife is not entittle for maintenance as she is able to maintain to herself which is proved by the IT assessment.

IN THE COURT OF SHRI RAJNEESH KUMAR GUPTA,
ADDITIONAL SESSIONS JUDGE­01, DISTT. WEST, TIS
HAZARI COURTS, DELHI.

Crl. (R) No. 24/2012
Unique Case I.D. No. 02401R0173942012
Smt. Shakuntala
W/o Sh. Balender Kumar Vayas
D/o Late Shri Gopal Dass Malhotra
R/o H.No. F­207, C/o Smt. Kanta
W/o Chamanlal Puri, Moti Nagar, Delhi.
… Petitioner
Versus
Shri Balender Kumar Vyas
S/o Late Shri Mayudeen Vayas
R/o H.N. C­21, Srichand Park,
Near Matiala Uttam Nagar,
Delhi­110059 …     Respondent
Date of Institution  :  18.04.2012
Date or arguments :  10.10.2012
Date of orders :  30.10.2012
ORDER
This is a revision against the order dated 15.03.12 passed by the   trial   court   in   case   no.   705/04   of   PS   Moti   Nagar,   whereby   the application of the petitioner for interim maintenance U/s 125 Cr.PC has been dismissed.

2.  I   have   heard  the  Ld. Counsel   for  the   petitioner   and  Ld. counsel for the respondent and perused the file.
3. The   petitioner   has   filed   the   application   U/s   125   Cr.PC against the respondent alleging that the petitioner has married with the respondent on 20.1.1993 and out of the said wedlock one female child was born.  The maternal uncle of the petitioner Shri Buta Ram Chopra constructed a temple and handed over the reins of the said temple to the petitioner.  The petitioner also acquired another plot adjacent to it from her   own   funds.     The   respondent   used   to   humiliate   and   assault   the petitioner and also indulged in extra marital affairs.  The petitioner was thrown out of the house.  The respondent is working as a Pujari in the temple and is earning more than Rs. 35,000/­ per month.  The petitioner is   penniless   and   is   on   the   mercy   of   her   sister   for   her   minimum requirements. In the application of interim maintenance, the petitioner has prayed that the respondent be directed to pay Rs. 15,000/­ per month as interim maintenance.
In reply,  the respondent has alleged that the marriage with the   petitioner   was   solemnized   on   14.1.95.     The   said   marriage   was dissolved by a decree of divorce on 21.10.09.  The respondent is earning Rs.   2500  to   3000/­   per   month   by   doing   his   job   of   Puja   Path.   The petitioner  is   running   a Bhajan  Mandli   and  is   earning  more  than  Rs. 50,000/­ per month.  The petitioner is the co­owner of the house bearing No. F­207, Sudershan Park, Moti Nagar, New Delhi.  The petitioner is a income tax payee.   The respondent has denied the other allegations of the petitioner.
4. Ld. counsel for the petitioner has argued that the trial court has passed the impugned order on the basis of conjecture and surmises and which is against the facts and the law.  The trial court has passed the impugned order without considering the material on record.  The income tax   return   filed   by  the   respondent   pertains  to  the   year   2004­05   and 2005­06, while the  petitioner was living with the  respondent and the same were filed by the respondent in her name.  The petitioner has not made any concealment in her petition. On these grounds, it is prayed that the impugned order be set aside.
On   the   other   hand,   Ld.   counsel   for   the   respondent   has argued   that   the   trial   court   has   passed   the   impugned   order   after considering the material on record.  There is no illegality or infirmity in the impugned order.  The revision petition is without any merits and it be dismissed.
5. The   income   tax   returns   of   the   assessment   year   2004­-05 which is in the name of the petitioner shows the income of the petitioner as  1,04,502.   The income tax  return  of the  assessment   year  2005-­06 which is in the name of the petitioner shows the income of the petitioner as 1,67,267.   The petitioner has also alleged in her petition that she is  acquired  one  plot   adjacent  to the   plot in  which  the temple  has  been situated.  The petitioner has not specifically denied the allegations of the respondent that she is running a Bhajan Mandli and she is the head of said Bhajan Mandli and that she is the co­owner of the House bearing No. F­207, Sudershan Park, Moti Nagar, Delhi.
Keeping in view these facts which are showing the financial position   of the  petitioner,  I am  of the  opinion that the  petitioner  has failed to show that she is unable to maintain herself. Accordingly, I do not find any infirmity in the impugned order dated 15.03.12 passed by the trial court in case no. 705/04 of PS Moti Nagar and it is upheld. The revision   petition  is  without   any  merits   and  it  is   dismissed.    Nothing expressed herein shall tantamount to an opinion on the merits of the case.
Trial court record be sent back to the concerned trial court along with the attested copy of this order. Revision file be consigned to Record Room.

Announced in the open court                                                                      (Rajneesh Kumar Gupta)
today i.e. on 30.10.12                                                                          Additional Sessions Judge­01 (West)
Tis Hazari Courts, Delhi.
 

http://www.judis.nic.in/judis_cat/detail_dc.aspx

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Categories: CrPC 125 Tags: ,
  1. xyz for men
    December 21, 2012 at 8:45 am

    The judgements lacks deterrent part. Unless the petitioners making false claims are penalized with heavy monetary penalty, such cases will continue to harass the men.

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