Case Law Details
Neha Mathur Vs Dr. Arvind Kishore (Rajasthan High Court)
Court holds that merely the fact that the wife is earning would not dis-entitle her from the maintenance. The husband himself has taken the divorce on 29.04.2015, fact not in dispute, and therefore, the charge of desertion cannot become a ground so as to enable the husband to disqualify the wife from claiming the amount of monthly maintenance, in any manner whatsoever.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
1. The petitioner-husband (respondent herein in Petition No.1345/2018) has preferred S.B. Criminal Revision Petition No.1095/2018 against the order dated 30.08.2018 passed by the learned Judge, Family Court No.2, Bikaner in Criminal Misc. Case No.18/2016 (268/2015), whereby the learned court below has allowed the application under Section 125 Cr.P.C. preferred by the wife, while awarding a monthly maintenance to the wife and son, to the tune of Rs.50,000/- and Rs.20,000/- (totalling Rs.70,000/-) respectively, and thus, the husband sought quashing and setting aside of the said order. The petitioner-wife (respondent herein in Petition No.1095/2018) has preferred S.B. Criminal Revision Petition No.1345/2018, challenging the same order dated 30.08.2018, while making prayer only to the extent that the amount of monthly maintenance, as already awarded by the learned court below, be enhanced to Rs.2,50,000/- (for wife) and Rs.1,30,000/- (for son).
2. Mr. Shadan Farasat assisted by Mr. Harshit Bhurani, learned counsel, who appeared on behalf of the husband submitted that the marriage in this case was solemnized on 27.05.2010 at Bikaner; thereafter, the couple went to reside in United States of America (USA). Learned counsel further submitted that out of the said wedlock, Master Anay (son) was born on 21.05.2011.
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