COMMON ORDER

Crl.R.C.(MD).No.1094 of 2022 has been filed by the wife challenging the order passed by the trial Court in M.C.No.12 of 2021 and seeking enhancement of monthly maintenance amount, while Crl.R.C. (MD).No.963 of 2022 has been by the husband to the set aside the award of maintenance passed by the trial Court.

2.The facts in brief:

The marriage between the husband and wife took place on

04.09.2017 as per their religious customary rites at Salem. A child was born on 07.06.2018. After the above said marriage, the wife was treated cruelly demanding more dowry and money etc. Even during the pregnancy period, the husband received the jewellery and sold away stating that he intended to start a business. Later they are stated to live separately in Trichy. At that time, the husband was doing business in Trichy and he was not regular in visiting the house and give money for family expenses. On 30.12.2019, the wife made a visit to the house of the husband and later she went to MM Auto mobiles where the father of the husband was working. At that time, she was assaulted and admitted in the hospital. So she lodged complaint on 08.06.2020 before Anathanapatti police station and also before Lalgudi Police Station on 17.06.2020. Even thereafter, she was also assaulted demanding dowry and money. The husband is earning more than Rs. 10,00,000/- by running two businesses. So claiming maintenance amount of Rs.60,000/- for the wife and Rs.20,000/- for minor child, the petition was filed by the wife.

3.That was resisted by the husband stating that only for three months they were living together. The wife did not attend the domestic work properly and used to pick up quarrel even for petty issue. Apart from this petition, the wife filed D.V.O.P.No.31 of 2020 before the Additional Mahila Court, Salem and filed H.M.O.P.No.57 of 2021 before the Family Court, Tiruchirappalli, seeking restitution of conjugal rights. He is receiving only Rs.25,000/- as monthly salary and he is maintaining his aged parents also.

The wife is working in a private company and drawing salary of Rs.20,000/-.

4.By the order of the trial Court, the wife was awarded Rs.20,000/-

and the child was awarded Rs.10,000/- as monthly maintenance. Challenging the above said order, Crl.R.C.(MD).No.963 of 2022 has been filed by the husband and Crl.R.C.(MD).No.1094 of 2022 has been filed by the wife and child seeking enhancement of monthly maintenance.

5.Heard both sides.

6.It appears that there is a short lived marriage between the husband and wife. They begot a female child, which is also admitted. What was the real reason for the dispute between the husband and wife is a matter for consideration by the Family Court before which the H.M.O.P. is pending. We need not go into this aspects, since the above said petitions have been filed by the wife seeking restitution of conjugal rights. At whose fault, the separation occurred is a matter for consideration in the above said proceedings. So this Court need not enter into the above said issue and only fixing of quantum will be taken for discussion.

7.The learned counsel for the husband would submit that the trial Court has passed an order by making a note upon the husband to the effect that he did not enter into the box to inform the Court about his income and in the affidavit, under schedule of Assets and Liabilities, his income is noted as Rs.25,000/-. Apart from that he is also an income tax assessee. The Income tax statement for the year 2018-2019 has also been filed and it shows that his income is Rs.3,25,900/- and taking adverse inference upon the non disclosure of the income, the trial Court has fixed the monthly income of the husband as Rs.60,000/-. It is further submitted that no contrary evidence was let in by the wife to dispute the above said statement.

So the income that has been fixed by the trial Court is not proper.

8.The learned counsel for the wife submitted that apart from that the husband also admitted before the trial Court, whe