Pritam Sharma vs Reena Sharma And Another

With consent of the parties, both the petitions heard together finally.

Both these cross-petitions have been filed by husband and wife to emphasize their counter claims. Husband has come before this Court for reducing the maintenance of Rs.2,500/- granted in favour of wife and minor 14 months old daughter Aditi and wife has come for enhancement of the same.

In addition, husband has taken a ground that the behaviour of the wife was cruel towards him. She used to fight on petty issues. She was terrorizing him in several ways. She used to threatened him to implicate him in some case by committing suicide by consuming poison. Twice she attempted to commit suicide by jumping into Well. She didn't allow him to go to see or to look after his ailing mother. Perturbed with her behaviour, he even started residing by taking a separate room but there also she didn't change her behaviour and ultimately she left him without any sufficient reason and refused to come back and stay with him.

Admittedly, no evidence regarding suicide attempts or separate stay have been produced by the husband. Neither any rent agreement has been produced nor the landlord was examined before the Trial Court. The learned Family Court has appreciated the evidence and reached on the conclusion that the evidence produced by the wife is more convincing and reliable that due to cruelty extended by the husband, she parted her way and has taken shelter at her parental house. Nothing could be pointed out by the husband to disturb the findings of the learned Family Court, therefore, the husband has no case on merits and the order of the Trial Court granting maintenance deserves to be affirmed.

So far as quantum is concerned, the Family Court has considered that no evidence regarding income of the husband is produced by the wife. The husband is an electrician and works on daily basis. This fact is also not disputed that after their separation, the wife has delivered a son on 02.02.2016 and now she has responsibility of minor daughter and also a minor son. The Trial Court has not considered the maintenance in favour of son, as he was not made party to the petition. The reason assigned by the wife is that the son was born after filing of the petition, therefore, she could not made him party to the petition.

It is further argued by the wife that as per minimum wages, income of the husband has to be considered at Rs.9-10,000/- per month, therefore, the wife, who has responsibility of two minor children deserves to some proportionate enhancement in the maintenance awarded by the learned Family Court.

Considering the facts and circumstances in totality, arguments of the rival parties, responsibility and requirement of the wife, job of the husband, in my considered opinion, It would be appropriate to enhance the maintenance awarded by learned family Court to some extent. Therefore, the petition filed by wife i.e. (Cr.R. No.3758/2018) is allowed and the petition filed by husband i.e. (Cr.R. No.2035/2018) is dismissed with the direction that the husband shall pay maintenance to the wife and minor daughter @ Rs.2,000/- + Rs.1,000/- = Rs.3,000/-per month.

With the aforesaid modification, both the petitions stand disposed of.