- (1.) THE present petition has been directed against order dated 04.03.2013 passed by the District Judge (Family Court), Hisar whereby the respondent -wife has been awarded maintenance @ Rs.5000/ - and the minor son of the parties @ Rs.3000/ -, in proceedings under Section 125 of the Code of Criminal Procedure (in short 'the Code').
(2.) THE facts relevant for disposal of the present petition are that marriage of Raj Kumar (petitioner herein) was performed with Sunita Devirespondent No.1 on 16.04.2003 at Hansi, District Hisar. Out of their wedlock, one son namely Gaurav (respondent No.2) was born, who is now residing with his mother.
(3.) AS per allegations set up by the applicant -wife, her husband and his family members were not happy with the dowry given in the marriage and they started harassing and maltreating her in connection with demand of motor -cycle. She was turned out of the matrimonial home after physical torture on 15.10.2006. She along with the minor child has been neglected to be maintained by the respondent -husband. With regard to income and sources of the husband, it is alleged that he is having ancestral agriculture land measuring 146 kanals 15 marlas in village Dadu and earning about Rs.5 lacs per annum from the land. He has a plot measuring 500 square yards at Narwana, two plots measuring 400 square yards each in village Dadu and constructed a big house on one of the plots. He is running a cloth showroom at Narwana and earning about Rs.40,000/ - per month from the business. She has no source of income to maintain herself and the minor child, who is studying. She claimed maintenance allowance @ Rs.20,000/ - per month. The respondent filed the reply and in turn denied the averments that any demand of dowry was made or the applicant was harassed, tortured and taunted either for bringing less dowry or in connection with demand of dowry. He never refused to keep and maintain the applicants. Applicant No.1 is an educated lady, working in a private school, getting salary of Rs.5000/ - per month and also earning more than Rs.10,000/ - by taking tuition. He is hardly earning Rs.2000/3000/ - per month which is not sufficient to meet his livelihood. He has denied having ancestral agriculture land in village Dadu, income from the land, plot measuring 500 square yards at Narwana or two plots at village Dadu. He has also denied running a cloth showroom at Narwana and earning Rs. 40,000/ - per month from the business.;