AMIT SHARMA Vs. SHELKKA SHARMA

JUDGEMENT

(1.) The instant criminal revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C ") has been filed for setting aside the impugned order dtd. 6/8/2020 passed by Principal Judge, Family Courts, Dwarka, Delhi (hereinafter "learned Principal Judge ") in Maintenance Case No. 327/2018 titled as Shelkka Sharma and Ors. vs. Amit Sharma, by which the revisionist was directed to pay maintenance of Rs.25,000.00 per month to respondent nos. 2 and 3, each; and order dtd. 6/3/2021 by which an application under Sec. 127 of the Cr.P.C was dismissed.

(2.) Brief facts as transpired from the record are as follows:

(3.) Mr. Surender Chauhan, learned counsel appearing on behalf of the revisionist submitted that respondent is a women of sufficient means and is earning more than Rs.1.00 Lakh per month. It is submitted that Court below has wrongly and illegally assessed the income of the revisionist as Rs.1,00,000.00 per month without considering the reply to the petition under Sec. 125 of the Cr.P.C and the affidavit of Income and Assets, wherein the revisionist categorically mentioned his income as Rs.25,208.00 per month. The respondent no. 1 although alleged in her petition under Sec. 125 of Cr.P.C as well as in the affidavit of Income and Assets that the income of the revisionist is Rs.3,00,000.00 but she did not file any document or material on record to substantiate the same. It is submitted that there is no material or document available on record to prima facie show that income of the revisionist is Rs.1,00,000.00. Therefore, the assessment of the income of the revisionist is only a guess work, which is not permissible under law.