224 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***

CRR(F)-331-2015 Date of Decision: 02.07.2025 Sunita and another ..... Petitioners Versus Ramesh ..... Respondent CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Mr. Jagjeet Beniwal, Advocate for the petitioners.

Mr. R.S. Panghal, Advocate for the respondent.

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JASGURPREET SINGH PURI , J . (ORAL)

1. The present revision petition has been filed impugning the order dated 31.10.2015 passed by learned District Judge, Family Court, Bhiwani vide which a petition under Section 125 of the Code of Criminal Procedure filed by the petitioners was allowed and they have been awarded a total amount of 3,500/- per month as maintenance i.e. 2,000/- per month to petitioner No.1/wife and 1,500/- per month to petitioner No.2/son. The present revision petition has been filed by petitioners i.e. the wife and the minor son for enhancement of the aforesaid quantum of maintenance.

2. Learned counsel for the petitioners submitted that the marriage between petition No.1/wife and the respondent/husband was solemnized on 02.07.1998 and out of the wedlock one male child i.e. petitioner no. 2 who is a minor was born on 23.06.2009. He further submitted that when the petition under Section 125 Cr.P.C. was filed before learned Family Court in the year 2014, the age of the minor was about 5 years and he is in the care and custody of petitioner No.1 regarding which there is no dispute. He also submitted that a female child was also born out of the said wedlock, who was living with the respondent/husband and has now got married.

3. Learned counsel for the petitioners further submitted that in the year 2010, petitioner No.1/wife was turned out of the matrimonial home by the respondent/husband after giving merciless beatings and since then she has been residing at her parental home. Thereafter, lots of efforts were made for the purpose of resolving their dispute but all the efforts failed and in this way petitioner No.1/wife has been living separately from the respondent/husband since the year 2010 when petitioner No.2/son was about one year old and now for almost last 15 years she has been taking care of petitioner No.2/son.

4. Learned counsel for the petitioners also submitted that only a meager amount of 3,500/- per month in total has been awarded as maintenance to both the petitioners i.e. 2000/- per month has been granted to petitioner No.1/wife and 1,500/- per month to petitioner No.2/minor son whereas respondent/husband has been earning a handsome amount of money which petitioner No.1/wife had so pleaded before learned Family Court that the respondent/husband is earning an amount of 30,000/- per month as he was a driver of an oil tanker and his family was also owning 8 acres of land from where the family including the respondent/husband is getting a handsome income and the respondent/husband is also an able bodied man and is responsible and liable for maintaining the petitioners statutorily, morally, socially and economically but he has failed to do so and therefore, the petitioners are entitled for at least a reasonable amount of maintenance to make their both ends meet for the purpose of their livelihood and a lot of expenditure is being incurred by petitioner No.1/wife for the education of petitioner No.2/son, who is now a grown up child although is still a minor as of today.

5. Learned counsel for the petitioners further submitted that so far as petitioner No.1/wife is concerned, she has no source of income at all and is not working anywhere although it was alleged by the respondent/husband that she was doing some sewing work but there is neither anything on record to show the same nor it has been proved by the respondent/husband that the petitioner No.1/wife was having any source of income. He submitted that once petitioner No.1/wife was having no source of income at all and has been turned out from matrimonial house way back in the year 2010 along with her son, who was of the age of an ye