The court emphasized the need for a flexible and elastic approach in awarding maintenance, without adhering to a strict mathematical formula, and considered various factors in determining the amount of maintenance.

G. P. MITTAL, J.

1. These two petitions arise out of an order dated 09.12.2011 passed in C.R. No.43/2011 by the learned Additional Sessions Judge(“ASJ”) whereby an interim maintenance of `12,000/- granted in favour of Nidhi Bhola and `5,000/- granted in favour of Baby Jhalak was reduced to `9,500/- and `3,000/- respectively. Petitioner in Crl.M.C.75/2012 is the husband Lalit Bhola whereas Petitioners in Crl.M.C. 2227/2012 are Nidhi Bhola and Baby Jhalak, that is, wife and the daughter of the of the Petitioner. For the sake of convenience, the parties shall be referred to as husband, wife and the child.

2. In Crl.M.C.75/2012, the husband alleges that the overall maintenance of `12,500/- is excessive and arbitrary whereas the wife and the child in Crl.M.C. 2227/2012 say that the maintenance awarded is on the lower side.

3. Lalit Bhola got married to Nidhi Bhola on 19.04.2007. A child Jhalak was born to Nidhi out of the wedlock on 10.11.2008. The parties could not pull on together and allegations of cruelty and demand of dowry, etc. were levelled against the husband by the wife which is not very material for disposal of these Petitions. Suffice it to say that on 30.09.2010, an application under Section 125 of the Code of Criminal Procedure(Cr.P.C.) was filed by the wife and the child seeking maintenance of `25,000/- per month from the husband on the ground that he was having a monthly income of `47,000/-. In addition to the income earned by the husband, he was also beneficiary of FDRs of `18-20 Lakhs left by his mother, that is, by husband’s deceased mother. The wife claimed that in addition to income from salary, the husband also had rental income from a property in Naveen Shahdara.

4. The husband denied his income to be `47,000/- per month. He stated that he was appointed as an executive with M/s. I. Energizer at a total monthly salary of `21,515/-. On account of the harassment and the complaint made by the wife, the husband’s services were terminated by his employer. He, therefore, had to seek an employment with M/s. Ken Computer Education at a salary of `9,100/- per month. While disposing of the application for grant of interim maintenance under Section 125 Cr.P.C., the learned Metropolitan Magistrate(“M.M.”) accepted the husband’s income from M/s. I. Energizer to be `47,000/- per month. The learned M.M. held that the husband possessed all the amenities to life at his house, such as motorbike, AC, Fridge, TV, Electronic gadgets, etc. He was earning interest on the FDRs of `18-20 Lakhs left by his mother. The learned M.M. disbelieved the husband’s version that he was getting a salary of just about `10,000/- per month from Ken Computers. The learned M.M. observed that the husband’s income cannot be presumed to be less than `45,000/- to `50,000/- per month. Accordingly, the Trial Court awarded a maintenance of `12,000/- in favour of the wife and `5,000/- per month in favour of the child.

5. In the Revision Petition, the learned ASJ in the face of the salary statement which existed on record, assessed the Petitioner’s gross salary to be `21,515/-. The Revisional Court observed that it was difficult to hold that he(the husband) was getting a salary of `32,000/- or perks worth of `15,000/-. The learned ASJ further held that the husband had not produced any document to show that the property of Naveen Shahdara was not in his name. The Revisional Court further observed that the Petitioner also had income from interest on the FDs left by the mother of the husband. Taking all the facts into consideration, the learned ASJ reduced the interim maintenance payable to the wife to 9,500/- and to the child to `3,000/-.

6. While awarding maintenance under Section 125 Cr.P.C. or maintenance pendente lite under Section 24 of the Hindu Marriage Act or the maintenance under Section 18 of the Hindu Adoption or Maintenance Act, Courts are not only guided by the income of the husband in determining the amoun