The entitlement to maintenance under Section 125 Cr.P.C. is based on the circumstances and justifiability of the claimant's situation. The court has the discretion to assess and modify the maintenance allowance based on the needs and probable income of the parties involved.

JUDGMENT

H.S. Madaan, J. - Petitioner Imlesh, estranged wife for herself and for petitioner Kumari Vanshika minor daughter of the parties, who is in her custody had filed a petition under Section 125 Cr.P.C. for grant of maintenance allowance against her husband Amit respondent, contending that on account of her maltreatment, harassment, misbehave besides torture in connection with demand of dowry at the hands of her husband Amit, she is residing separately along with minor daughter of the parties; that on 21.10.2009, the respondent had set her on fire even, resultantly, she had suffered 30% burn injuries and was hospitalized and since November 2009, she is residing at her parental house; that she does not have any source of income and is dependent upon her parents, whereas the respondent is running a milk dairy also having rental income, in addition to that he is supplying purified water and his total earning is Rs. 50,000/- per month and despite that he has neglected and refused to maintain the petitioners.

2. On notice, the respondent appeared and filed written reply refuting the allegations in the petition contending that he is working as a car driver earning Rs. 4,000/- per month, whereas the petitioner No.1 is working in a beauty parlour earning handsome amount. The allegations levelled by the petitioner No.1 regarding her harassment and maltreatment in connection with demand of dowry, the respondent having set her on fire with the help of his parents are strongly refuted. In the end, he prayed for dismissal of the petition.

3. The parties were afforded adequate opportunities to lead evidence in support of their respective claims.

4. After hearing arguments, the trial Court of District Judge, Family Court, Faridabad vide order dated 24.10.2013 rejected the claim of petitioner No.1 for maintenance observing that she is residing with her parents without any justifiable cause and allegations of her maltreatment, harassment at the hands of respondent and his family members and having tried to kill her by setting her ablaze on 21.10.2009 were not proved, leading to the inference that she was residing at her parental house of her own, as such not entitled to maintenance under Section 125(4) Cr.P.C., whereas with regard to minor daughter of the parties residing with the petitioner No.1, she was granted maintenance @1,000/- per month from the date of filing of the petition till she attains age of majority.

5. This order left the petitioners aggrieved and they have filed the present petition praying that the same be accepted, the impugned judgment be set aside, petition under Section 125 Cr.P.C. be allowed and maintenance at the rate claimed in the petition be awarded.

6. Notice of the revision petition was given to respondent, who put in appearance through counsel.

7. I have heard learned counsel for the parties besides going through the record.

8. As far as petitioner No.1 Imlesh is concerned, the trial Court by giving proper reasoning in light of the facts and circumstances of the case and evidence available on the file has concluded that she is residing with her parents of her own will without any justifiable reason, as such in terms of Section 125(4) Cr.P.C., she is not entitled to claim any maintenance. I do not see any reason to disagree with the trial Court on that point.

9. Learned counsel for the respondent has further submitted that Imlesh had lodged FIR No.322 dated 22.10.2009 against the respondent and his parents for the offences under Sections 498-A, 406 and 307/34 IPC with Police Station Surajkund, Faridabad. However, vide judgment dated 10.2.2012, they were acquitted of the charge framed against them. The complainant did file an application seeking leave to file an appeal against that judgment, however, that application bearing CRM-A-317- MA-2012 was dismissed by a Division Bench of this Court vide order dated 20.2.2013. thus, the allegations of cruelty, harassment and attempt to murder by her husband and his pare