A party seeking maintenance must disclose their income and employment status, and the court cannot assume the income of the other party without proper evidence.

JUDGMENT

Anita Chaudhry, J —The petitioner has assailed the order dated 17.02.2014, passed by the Family Court, Sonipat, vide which the application filed under Section 125 Cr.P.C. had been allowed and maintenance of Rs.15,000/- per month was allowed to the wife besides litigation expenses.

2. There are some undisputed facts which may be noticed first. The parties were married on 23.11.2009. No issue was born to them. The wife made allegations that though her parents had given a lot of dowry and had spent a lot on the marriage but the husband was not satisfied and taunts were given and she was beaten up and there was a demand of a bigger car. Additionally an allegation was made against a relative of the husband who had outraged her modesty. The petitioner claimed that she was mentally depressed on account of the act and conduct of the husband and she was left at her parental home on 28.01.2010. It was pleaded that she again returned to the matrimonial home as an assurance was given but she was again turned out of the house on 29.07.2010. Three months later she lodged an FIR with the police. The wife had pleaded that she had done her MCA, B.Sc., B.Ed. and was pursuing her MSC at M.M. University, Mulana in District Ambala and had no source of livelihood to maintain herself and her parents were not in a position to maintain her. She had claimed that the husband was running a guest house and had monthly income of Rs.1,65,000/- and was an Agent with Religare Insurance Company and was earning Rs.30,000/- per month.

3. The husband took the plea that the wife was short tempered and quarrelsome and used to fight on small issues. He had pleaded that his father got a paralytic attack and 90% of his body was affected and he was unable to move or attend to his daily chores and his mother was old and she was unable to attend to him and he alone was looking after him. It was denied that he was running a guest house or that he had income from any other source. It was pleaded that the petitioner was highly educated and was working before marriage in Kendriya Vidyalaya as a PGT (Computer Teacher) and she had joined the school in 2007 and her income at that time was Rs.12,000/- per month and she worked with Kendriya Vidyalaya, Sonipat. It was pleaded that after marriage she deserted him and started working in Satyam Modern Public School, Sonipat and was getting salary of over Rs.18,000/- per month. It was pleaded that she was a Guest Teacher in a JBT School and was running her own Coaching Centre by the name of Preeti Coaching Centre. He annexed photos of the advertisement placed by her. It was pleaded that the wife was highly educated and owned agricultural property. It was pleaded that the wife had lodged an FIR and therein she had alleged that she had been cheated as they were told that the husband was a Legal Advisor but he used to do nothing and remained at home whereas in this petition she had pleaded that the husband had income over Rs.2,00,000/- per month. It was denied that he was an Agent with Religare Insurance Company.

4. Both the sides were called upon to lead evidence.

The petitioner (wife) tendered her evidence. In the crossexamination, she admitted her educational qualifications but stated that she was working prior to her marriage and at that time she was getting a consolidated salary of Rs.12,000/- per month, which was up to December 2012. She stated that she was getting Rs.8,000/- per month from Satyam School but the school had not issued any certificate. She stated that she was preparing for her KVS Teaching Examination and had recently completed her M.Ed. She denied that she was running a coaching centre. She also examined Ruchita, the sister-in-law of the husband who had fallen out with her husband.

5. On the other hand, the husband filed his affidavit and took the same pleas as were taken in the reply. He admitted that he was a Member of Bar Association at Gurgaon and was the Executive Member since 2012. He stated that he ha