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2025 Supreme(Online)(P&H) 24315

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.01.2026 KULDEEP SHARMA ALIAS KULDEEP PETITIONER VERSUS AARTI SHARMA AND OTHERS RESPONDENT CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Balvinder Sangwan, Advocate for the petitioner.

***

Shalini Singh Nagpal, J.

1. The revision petition challenges order dated 08.04.2025 of learned Additional Principal Judge, Family Court, Faridabad awarding interim maintenance allowance of ₹6,000/- per month to respondent No.1- wife and ₹3,000/- per month each to respondents No.2 and 3-minor children from the date of filing of the application besides an amount of ₹11,000/- as litigation expenses.

2. For clarity and better appreciation, parties shall be referred to as husband, wife and minor children.

3. The petition under Section 125 Cr.P.C. was filed by the wife and minor children alleging that marriage of the parties was solemnized on 18.04.2017 at Ballabgarh, District Faridabad as per Hindu rites and ceremonies. Out of the wedlock, two children, namely Vaishnavi alias Vishu (daughter) and Love (son) were born on 07.08.2018 and 01.10.2023 respectively. Despite sufficient dowry articles given at the time of marriage including gold, silver and cash, the husband and his family members were not satisfied. The wife was taunted and harassed for bringing insufficient dowry.

She was not permitted to wear her jewellery and was given merciless beatings by the husband, under the influence of his family members. She was kept without food and demands of cash and Swift car were raised. After birth of the female child, the husband and his family members misbehaved and tried to snatch the child. There were frequent quarrels on account of which she shifted to rented premises with the husband. On 31.12.2019, the husband thrashed her under the influence of liquour and ran away, never to return. He had illicit relations with his sister-in-law and when the wife objected, she was threatened with death. A complaint was moved in Women Police Station on 11.03.2020 and FIR was lodged under Sections 322, 498-A, 506, 34 IPC. Panchayats were convened butt the husband flatly refused to come till his demands were satisfied. Thereafter, the husband took back the wife but the misbehaviour and the beatings started again. The wife filed a complaint in the police against him on 11.03.2024. The wife further alleged that she had no independent and individual source of income to support herself as well as her minor children and was fully dependent on her parents for food, clothing and shelter. The husband, on the other hand, was able bodied. He was working in Electricity Board, Sector 18, Faridabad and was earning ₹25,000/- per month. He had withdrawn himself from the company of his wife and children without any reasonable and justifiable cause. Maintenance allowance of ₹15,000/- per month was claimed from the husband.

4. The husband filed reply raising various preliminary objections. He claimed that from the inception of marriage, behaviour of the wife was cruel towards him and his family members. She used abusive language and insisted on residing separately. She left the matrimonial home and made a false complaint against the husband and his family members on the basis of which FIR was registered under Sections 322, 498-A, 506, 34 IPC. Later, she made a statement in the Court on the basis of which the accused were acquitted. After that she joined conjugal company with the husband but her cruel behaviour continued. On 23.11.2023, she left the matrimonial home with children, gold and silver ornaments. Her parents and brother thrashed the husband causing him multiple injuries. FIR under Sections 147, 149, 325 and 506 IPC was registered against them. No amount was payable as maintenance as the wife was working in Aggarwal School, Ballabgarh and was earning more than ₹15,000/- per month. Besides, she was also doing devotional work of Mata Rani Jagran Bhajan, Kirtan earning ₹60,000/- per event. The

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