Mr. M.M.S. Bedi, J (Oral):- Vide impugned order the petitioner has been directed to pay maintenance under Section 125 Cr.P.C. @ Rs.3000/- per month each to wife and his son respectively from the date of the petition.

2. Counsel for the petitioner has vehemently urged that no evidence has been produced by the respondent-wife on the record to establish the income of the petitioner.

3. Counsel for the petitioner has urged that the petitioner is absolutely unemployed and not earning anything whereas respondent-wife has admitted that she is capable of earning.

4. I have heard the learned counsel for the petitioner and with his assistance gone through the affidavit submitted by the petitioner before the Family Court, Gurgaon. A perusal of the affidavit indicates that the petitioner has not mentioned in his affidavit that he is incapable of earning anything or that he is not earning any money. He is admittedly an able bodied person. He was required to state at least about his earning capacity but his silence in his affidavit is indicative of the fact that he is taking uncertain and vague pleas regarding his inability to earn anything. It is settled principle of law that an able b