Sandeep Verma v. Priyanka Verma : 2017 (1) DMC 149 : 2017 (1) HLR 657 : 2017 (3) RCR (Cri) 392 : 2017 (3) RCR (Civil) 587 : 2017 (3) JCC 1936 : 2016 LRC Online 1406 (P&H)
Section 125-Grant of maintenance of rupees twenty five thousand per month to wife in addition to the amount received in domestic violence petition-Revision-failure of wife to give any details of bank accounts, amount of insurance or rentals or locality of residence, any club membership, ownership of vehicles or their make-The husband has the entire responsibility of bringing up his children and There is no contribution from the mother-only fact available on record is an admission that the children were studying in a boarding school in Kasauli. A sum of Rs.5 lacs is being spent annually on them-wife is entitled to the same status as she had when she was living with the husband-husband had stated that he is not maintaining a car and had a scooter- wife has not given any details- amount allowed to the wife is certainly on the higher side - order passed by the family Court is modified and maintenance of Rs.20,000/- per month is allowed from the date of application-amount that has been allowed under the Domestic Violence Act proceedings would be adjusted in the amount-Petition allowed in part.
Held : The husband has the entire responsibility of bringing up his children. There is no contribution from the mother. The income-tax returns do not reflect the actual income earned by the husband. The wife had not provided any material to find his income. No official was summoned from the Income Tax Office or other departments with which he was registered, therefore, it can be purely be on guess work. The only fact available on record is an admission that the children were studying in a boarding school in Kasauli. A sum of Rs.5 lacs is being spent annually on them. The wife is entitled to the same status as she had when she was living with the husband. The husband had stated that he is not maintaining a car and had a scooter. The wife has not given any details. The amount allowed to the wife is certainly on the higher side. Therefore, the order passed by the family Court is modified and maintenance of Rs.20,000/- per month is allowed from the date of application. The amount that has been allowed under the Domestic Violence Act proceedings would be adjusted in the amount.