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2019 Supreme(Online)(DEL) 1732

HIGH COURT OF DELHI
LOPAMUDRA KONWAR BHUYAN & ANR. – Appellant
Versus
SURAJIT SINGH – Respondent


JUDGMENT

SANJEEV SACHDEVA, J

1. Petitioners impugns order dated 14.09.2015 whereby the trial court, under section 125 Code of Criminal Procedure (Cr.P.C.), held that Petitioner No. 1 – wife was not entitled to any maintenance and directed Respondent to pay maintenance @ Rs.10,000/- per month to Petitioner No. 2 – minor child from the date of the order till she attains the age of majority.

2. Marriage between the parties was solemnized on 23.06.2002 under the Special Marriage Act and a female child was born from the wedlock on 07.03.2004. It is alleged that Petitioner No. 1 was forced to leave her matrimonial house on 03.04.2005 on account of being mentally and physically tortured by the Respondent and his family members. The marriage between the parties was dissolved on

22.03.2007 by way of an ex-parte decree.

3. Petitioners filed the subject petition under section 125 Cr.P.C.

seeking maintenance Rs 50,000 per month for both the Petitioners.

4. Trial court, on the basis of evidence and income tax returns held that Petitioner No. 1 had not correctly disclosed her income and was employed as a “client tech support specialist” in Dell and had an income of approximately Rs 6,35,000 per annum.

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