Sukhjinder Singh @ Sukha vs Priya Sharma
2022 Latest Caselaw 6062 P&H

            IN THE HIGH COURT OF PUNJAB & HARYANA AT
                          CHANDIGARH

(113)                                         CRR(F)-556-2022(O&M)
                                              Date of Decision: 04.07.2022

Sukhjinder Singh @ Sukha                                     --Petitioner
                         Versus
Priya Sharma                                                 --Respondent
CORAM:- HON'BLE MR. JUSTICE RAJESH BHARDWAJ.

Present:-   Mr. V.S. Kathpal, Advocate for the petitioner.

            ***

RAJESH BHARDWAJ.J (Oral)

The petitioner has approached this court by way of filing

present petition impugning the order dated 7.6.2022 passed by the learned

Family Court, Fazilka, whereby maintenance @ Rs.5500/- per month has

been granted to the respondent wife.

Learned counsel for the petitioner contends that the marriage of

the petitioner took place with the respondent on 25.11.2017. Thereafter,

matrimonial discord took place between husband and wife and despite the

best efforts of the petitioner the respondent deserted the matrimonial home

without any rhyme and reason. Counsel submits that the petitioner duly

disclosed about his previous marriage to the respondent before entering into

the matrimonial alliance with her. He submits that after desertion the

respondent wife filed a petition under Section 125 Cr.P.C praying for grant

of maintenance which was illegally allowed by the learned Family Court.

He submits that the petition under Section 125 Cr.P.C was not maintainable

as the respondent left the matrimonial home on her own will and there was

no justification for the same. He submits that the respondent concealed the

factum of her earning that she was employed as a teacher from the

1 of 3

learned Family Court and thus the conclusion arrived at by the learned

Family Court in granting her the maintenance was totally against the law

settled. Counsel has submitted that the petitioner is a labourer and has an

income ranging from Rs.8,000-10,000/- per month. The petitioner also has

the responsibility of other family members and thus the view taken by the

learned Family Court in granting maintenance of Rs.5500/- per month to the

respondent wife is totally unsustainable in the eyes of law and the same

deserves to be set aside.

I have heard learned counsel for the petitioner at length and

have gone through the record carefully.

It is apparent from the record that the relationship between the

petitioner and respondent is not in dispute. Though, there is no issue born

out of the wedlock, however, the relationship between the petitioner and the

respondent is an admitted fact. Both the parties have duly filed their

respective affidavits before the learned Family Court to show their

respective income. Though, the respondent wife has claimed the income of

the petitioner to be Rs.60,000/- per month and contended that he was doing

the job as a driver, however, the learned Family Court duly appreciated the

same and found the same not supported by any evidence. In view of the

facts and circumstances and the evidence adduced on record, the income of

the petitioner husband was taken to be Rs.8,000-10,000/- per month. The

Family Court duly appreciated the contentions raised by the petitioner

husband that the respondent wife was employed as a teacher and had a

monthly income of Rs.35,000/-. However, the same was also not supported

by any evidence and thus the same was repelled.

2 of 3

In plethora of judgments, it has been held by the Hon'ble

Supreme Court that the husband is not only legally but morally also bound

to discharge his responsibility for providing maintenance to his wife. The

Hon'ble Supreme Court in Rajnesh V. Neha, (2021) 2 SCC 324 has already

settled the law. The petitioner is an able bodied person and cannot escape

the responsibility of providing maintenance to his estranged wife. There is

nothing on record to show that the respondent wife has deserted the

matrimonial home of her own will. Learned Family Court has awarded a

maintenance of Rs.5500/- per month to the respondent wife keeping in view

all the facts and circumstances as also the evidence adduced on record.

This court finds no infirmity in the conclusion arrived at by the

learned Family Court. The maintenance of Rs.5500/- per month granted to

the respondent wife cannot be said to be on the higher side. Accordingly,

the present petition is dismissed.

                                                   (RAJESH BHARDWAJ)
                                                           JUDGE
04.07.2022
lucky
             Whether speaking/reasoned:        Yes/No
             Whether Reportable:               Yes/No




                                     3 of 3