The duty of a man to maintain his wife, children, and parents when they are unable to maintain themselves, and the discretion of the Family Court to dispense with or modify the information required in appropriate cases.

G.S. SISTANI, J.

CM. No.29627/2018 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

MAT.APP.(F.C.) 169/2018

3. This is an appeal under Section 19 of the Family Courts Act, 1984 against an interim order dated 14.05.2018 passed by the Family Court by which an application seeking interim maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) filed by the respondent/wife was allowed. By virtue of the said order, interim maintenance of Rs.10,000/- per month alongwith cost of Rs. 11,000/- as litigation expenses were awarded to the respondent/wife.

4. The necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 10.12.2016 at Delhi, as per Hindu rites and customs. It is the case of the respondent/wife that the parents of the appellant were not satisfied with the dowry articles. They humiliated and tortured her. After marriage, the appellant left for his place of his posting i.e. Champhai, Mizoram on 10.01.2017. After reaching his place of posting, the appellant switched off his phone and was not available to the respondent/wife. On 16.05.2017, the appellant returned to Delhi from his place of posting and on the next day, under the influence of liquor, the appellant assaulted and ousted her from the matrimonial home. After persistent requests, the respondent was allowed to re-enter the house after two hours. A complaint dated 06.06.2017 was filed by the respondent/wife before CAW cell regarding the harassment and cruelty committed upon her. The respondent is living at the first floor of the matrimonial house and rest of the family is residing on the ground floor. As per the respondent, the appellant and his parents stopped providing any financial assistance to her and left her to fend for herself who has no independent source of income. As per the respondent, the appellant is working as a teacher in Kendriya Vidyalya Sangathan and is receiving a salary of more than Rs. 65,000/- per month.

5. Mr. Maninder Jeet Singh, learned counsel appearing on behalf of the appellant submits that the order and decree which is impugned before us is per-se illegal and is not maintainable either in law or on facts and the same is liable to be set aside. To substantiate his argument that the learned Family Court fell in error in fact and law, the counsel has challenged the findings of the Family Court, more particularly in para 5.1 of the impugned judgment.

6. It is further contended that the learned Family Judge has overlooked the fact that the mother of the appellant is a house wife and his father is a cobbler. There is no regular employment of his father. In the light of this submission, the Family Court has erred in not taking into consideration the written statement filed by the appellant in its entirety to substantiate his claim that it is the sole responsibility of the appellant to maintain his parents. The counsel for the appellant further submits that the Family Court has passed the interim order with a pre-conceived notion and has not correctly applied the law laid down in the case of Annurita Vohra vs. Sandeep reported at (2004) I DMC 568 wherein a share of the income of the husband was also awarded to his parents. It was also contended by the counsel for the appellant that the learned Family Court has wrongly calculated the disposable income of the appellant as Rs. 40,000/- per month. The counsel has relied upon the bank statement of the appellant as per which the income of the appellant for the month of February and March, 2018 was calculated as Rs. 37,102/- and Rs. 39,670/- respectively.

7. Counsel for the appellant further submitted that it was mandatory on the part of the respondent/wife to file her bank statements of last three years before the Family Court in view of the decision rendered by this Court, in the case of Kusum Sharma vs. Mahinder Kumar Sharma reporte