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Order

04.09.2024 (s) …..Petitioner(s) (s) …..Respondent(s) CORAM: Present:- HON’BLE MS. JUSTICE NID NIDHI GUPTA Mr. Aditya Jain, Advocate Mr. Rahul Vohra, Advocate for the petitioners. ***** ta, J. Nidhi Gupta, J CRM-9415-202 2020 This is an application un under Section 482 Cr.P.C. for placing on rec record affidavit of petitioner No.1, o.1, in compliance of order dated

21.01.2020 pa 0 passed by this Hon’ble Court. After going through the co e contents of the application, the same is allow llowed subject to all just exceptio ptions and affidavit of petitioner No.1 is taken o en on record. MAIN CASE Prayer in the present revis evision petition is for modification of order date dated 02.03.2017 passed by the he learned District and Sessions Judge, District trict Judge, Family Court-I, Faridab ridabad whereby in a proceeding under Section ction 125 Cr.P.C., the petitioner oners have been granted final SUNENA 2024.09.06 17:17 I attest to the accuracy and authenticity of this document 6 maintenance ce of Rs.5,000/- per month (Rs.3,0 s.3,000/- per month to petitioner No.1/wife and and Rs.1,000/- each to petitioners N ers No.2 and 3/minor children).

2. Learned counsel for the he petitioners inter alia submits that the imp impugned maintenance is very m y meager, unfair and unjust as admittedly, th y, the respondent is very well plac placed in life. It is submitted that the responden ndent and his mother had sold thei their house which was situated at Bullandshar ar and from that amount they i.e. hey purchased two houses i.e. H.No.1259 and and 443 both situated at SGM Nag Nagar, Faridabad in the month of January 2009

009. The petitioner No.1 and respo - spondent along with her mother- in-law started rted living in House No.1259 where . hereas house No.443 was let out. However, late later on the petitioners were left i eft in the house No.1259 without any means to s to support themselves. The le e learned Family Court has not considered th d that the petitioners have no ind e, independent source of income, whereas resp respondent is running a mobile bile shop at Gulaothi, District Bullandshahar ahar (UP) and earning Rs.50,000/- s a per month. The respondent is a contractor of i of installing streetlights at Bullands andshahar. The respondent is also having income ome of Rs.20,000/- per month from from five acres of agricultural land in village Bang Bangoi and also having rental inco income of Rs.20,000/- per month from house N se No.443, SGM Nagar, Faridabad abad and shops and also doing business of pr f property dealing thereby earning ing Rs.20,000/- per month. In this way, the respo espondent is earning more than Rs. n Rs.1,10,000/- per month. On the other hand, th d, the petitioners have no source rce of income. Petitioner No.1 is unemployed. ed. Even the fees of the children is - en is exorbitant as it is Rs.6,000/- per month as as is evident from Ex.P5 and Ex.P6 x.P6. It is accordingly, prayed that SUNENA 2024.09.06 17:17 I attest to the accuracy and authenticity of this document 6 the impugned ned judgment be modified and the the meager maintenance granted to the petition itioners be enhanced.

4. No other argument is made ade on behalf of the petitioners. I have heard learned cou counsel for the petitioners and perused the ca e case file in great detail.

5. Before proceeding, it may may be pointed that the present petition perta ertains to the year 2017 and notice tice has not yet been issued in the matter as it h it has been adjourned at reques quest of learned counsel for the petitioners sev s several times; or has been adjourn ourned due to non-appearance on part of the pet petitioner.

6. On merits, the facts ar are that petitioner No.1 was married to th o the respondent on 13.02.2005. T o.2 5. Two children petitioners No.2 and 3 herein w ein were born out of their wedlock 08 ock on 02.04.2007 and 09.10.2008 respectively. B ly. Both children are in the care an .1. e and custody of petitioner No.1. Due to matr matrimonial discord, the parties ties are living separately since

14.04.2010. P . Present petition under Section ion 125 Cr.P.C. was filed by the petitioners on s on 24.01.2013. On a Court que query as to how the petitioners supported the themselves during this time, learn earned counsel for the petitioners ly. has no reply.

7. It is the allegation of petiti 10, etitioner No.1 that on 14.04.2010, the responden ndent and his mother gave mercile ciless beatings to her, snatched all her jewellery lery and household articles and is se, d istridhan, and left the house, abandoning th g the petitioners in House No.125 .1259, SGM Nagar, Faridabad and SUNENA 2024.09.06 17:17 I attest to the accuracy and authenticity of this document 6 even refused sed to maintain them thereafter. er. It was further pleaded by the petitioners tha s that the respondent is having inco income of ₹1,10,000/– per month from the sourc ources as indicated above.

8. On the other hand, it it was the pleaded case of the respondent be t before the learned Family Court t urt that the marriage between the parties was s as simple and dowry-less. Soon af n after the marriage, the parties started living ing separately from the family me members of the respondent and thus, there wa e was no interference of the respon spondent’s family members in his married life. It fe. It has further been alleged that hat in December 2009, petitioner No.1 quarrell rrelled with the respondent and and left the matrimonial home without infor nforming anyone. While leaving, an, ing, she took all her istridhan, personal belo belongings and other valuables. It s. It has also been alleged that several panch anchayats were convened by the the respondent and his family members to b to bring the petitioner back to the er, the matrimonial home. However, she refused to d to cooperate. It is further alleged eged that petitioner No.1 had also tried to give p ve poison to the mother of the resp respondent in respect of which an

FIR was duly uly lodged. MLC in this regard w rd was placed on record by the respondent. However, the matter was subseq bsequently compromised between the parties. s. It was also pleaded by the res respondent before the learned Family Court t urt that he is a jobless person and d not earning anything; whereas the petitioner oner is an educated lady, doing tu g tuition and tailoring work. The respondent ha t had also filed a petition under Se r Section 9 of the Hindu Marriage Act which wa was subsequently withdrawn by h by him due to the adamant and SUNENA 2024.09.06 17:17 I attest to the accuracy and authenticity of this document 6 cruel attitude ude of petitioner No.1; and instead stead, he had filed petition under Section 13 of t of the Hindu Marriage Act.

9. In respect of the diamet metrically opposite and contrary pleadings of b of both the parties, the learned Fam amily Court, on the basis of oral and document entary evidence placed before it, g t, gave the following findings:– “23…Learned counsel for the the petitioner has stated that respondent was running a mobil obile shop which is evident from bill Ex.P7 but this document d nt does not show the name of respondent. It is the stand of p of petitioner no.1 that presently respondent is contractor of instal nstalling streetlights but again no such evidence has been brou brought on record. So far as agricultural land is concerned, ned, petitioners have failed to produce on record any document ent to show that respondent has any land in his name. Responden dent in his cross-examination has admitted that his mother is in pos n possession of agricultural land in village Banboi, Bulandshahar (U r (U.P.). So far as plea of rental income from House No.443, 43, SGM Nagar, Faridabad concerned, petitioner no.1 has - has herself admitted in cross- examination that said house was was owned by her mother-in-law Sumitra. It is also an admitted M ted fact said house No.443 SGM Nagar, Faridabad was sold by Sm . A y Smt. Sumitra in the year 2012. A suggestion in this regard has bee s been given to respondent in his cross-examination. Similarly there there is no evidence produced by the petitioners to prove that r at respondent is doing work of property dealing. Petitioners has has failed to produce on record anything to prove profession and and income of respondent…..”

10. From the above, it is clear clear that the petitioners failed to prove the inco income of the respondent as allege lleged. Even before this Court, the petitioners ha s have placed nothing in support ort of their contention that the SUNENA 2024.09.06 17:17 I attest to the accuracy and authenticity of this document t respondent is earning ₹1,10,000/– per m i er month. Even no change 6 circumstance nce is indicated that merits enh enhancement of the impugned maintenance. ce. Furthermore, a perusal ofEx.P5 x.P5 and Ex.P6, which is the school fees record of d of the minor children shows tha that ₹ 6,000/– is payable as fees per annum, an , and not per month as sought to b er. to be submitted by the petitioner. It has further ther come on record that the pet petitioners are already receiving maintenance o ce of Rs.5,000/- per month under t er the Protection of Women from Domestic Viole Violence Act besides rental allowan wance of Rs.2,000/- per month for alternate acco accommodation under the DV Act. E ct. Even in the proceedings under Section 24 of 4 of the Hindu Marriage Act, the the petitioner No.1 was awarded maintenance o ce of Rs.1,000/- per month.

11. Thus, keeping in view the the fact that the petitioners failed to prove the i he income of the respondent as all s alleged, as also the fact that the petitioners are s are receiving maintenance and re DV d rental allowance under the DV Act, and main aintenance under Section 24 of the ll, I f the Hindu Marriage Act as well, I find no ground ound is made out to interfere in the the impugned order. As such, the present petitio tition is dismissed.

12. Pending application(s) if an if any also stand(s) disposed of.

04.09.2024 Sunena (Nidhi Gupta) Judge Whether Whether her speaking/reasoned her reportable Yes/No Yes/No SUNENA 2024.09.06 17:17 I attest to the accuracy and authenticity of this document