RAVI BHUSHAN SHARMA Vs. JUDGE, FAMILY COURT, HARIDWAR & OTHERS
LAWS(UTN)-2012-11-96
HIGH COURT OF UTTARAKHAND
Decided on November 29,2012

Ravi Bhushan Sharma Appellant
VERSUS
Judge, Family Court, Haridwar And Others Respondents

JUDGEMENT

- (1.) Having heard learned Counsel for either parties, it appears that the maintenance was awarded to two daughters born out of the wedlock of revisionist Ravi Bhushan Sharma and his wife Smt. Sangeeta Bala. The proceedings under Section 125 CrPC read with Section 7 of the Family Courts Act, were initiated in the Court of Judge, Family Court, Haridwar way back in the year 2005 and same were adjudicated on 21.8.2007. Learned Family Judge found that the wife of the respondent was employed as a teacher, so she has sufficient means to maintain herself. At the same, it was also found that the revisionist was working as a Junior Engineer in Public Works Department and was drawing gross monthly salary of Rs. 19,000/-. In the circumstances, revisionist was directed to pay @ Rs. 2500/- per month to each of his two daughters from the date of making the maintenance application till the date of judgment and thereafter @ Rs. 5000/- per month to each of his two daughters with effect from the date of judgment and order. As such, revisionist was directed to pay a total of Rs. 5000/- per month for the period the maintaining application remained pending, and for the subsequent period, he was directed to pay a total of Rs. 10,000/- per month to his daughters.
(2.) Learned Counsel for the revisionist has argued that the impugned judgment and order is patently wrong, as there could not be two orders regarding the payment of maintenance as mentioned hereinabove. His next argument is that the court below has erred in awarding the maintenance to the tune of Rs. 10,000/- per month, which is more than half of the total gross salary of the revisionist.
(3.) Both the arguments, put forth on behalf of the revisionist, are not acceptable and are rejected because the court below has been considerate to the revisionist by way of awarding maintenance to the tune of Rs. 2500/- per month to each of two daughters till the date of judgment, otherwise, this maintenance amount, awarded with effect from the date of judgment, could have been kept uniform.;


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