DINESH KUMAR AND OTHERS Vs. SHOBHA CHOUHAN AND OTHERS
LAWS(RAJ)-2018-9-112
HIGH COURT OF RAJASTHAN
Decided on September 27,2018

Dinesh Kumar And Others Appellant
VERSUS
Shobha Chouhan And Others Respondents

JUDGEMENT

PANKAJ BHANDARI,J. - (1.) Aggrieved by common order dated 03.09.2012, passed by Additional Sessions Judge, Sojat, District Pali, Dinesh Kumar and others have preferred Revision Petition No. 1055/2012 and Smt. Shobha Chouhan has preferred Revision Petition No. 910/2012. Dinesh Kumar and his family members have challenged the order vide which Rs. 4,000/- each per month has been awarded as maintenance to his two children (Daughter and Son) and Rs. 1,000/- per month has been awarded as rent to Shobha Chouhan. Shobha Chouhan has preferred Revision Petition No. 910/2012 for enhancing the amount of maintenance awarded to her two children.
(2.) It is contended by Mr. Salman Agha counsel for Dinesh Kumar and others that domestic violence was not established hence, the Court was not competent to pass any order with regard to maintenance. He has placed reliance on Sri Abhijit Saha and Ors. v. Smt. Sangita Saha, C.R.R. No. 3104/2014, decided by Calcutta High Court on 17.09.2015.
(3.) It is further contended by Mr. Salman Agha that Dinesh Kumar and Smt. Shobha Chouhan, both are in Government employment, hence, maintenance should have been shared by parents and awarding of maintenance Rs. 4,000/- per month each for two children against Dinesh Kumar is bad in law. In this regard, counsel has placed reliance on the judgment of Hon'ble Apex Court in the case of Padmja Sharma v. Ratan Lal Sharma, AIR 2000 SC 1398 wherein, Hon'ble Apex Court has held that working wife is under obligation to contribute in maintenance of children along with her husband.;


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