IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 16.01.2026 KRISHAN KUMAR GAUR PETITIONER VERSUS KIRAN BALA RESPONDENT CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Shailender Singh, Advocate and Ms. Priya Bhati, Advocate for the petitioner.

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Shalini Singh Nagpal, J.

1. Order dated 18.12.2024 of learned Additional Principal Judge, Family Court, Faridabad awarding interim maintenance allowance to the respondent has been assailed in the present petition.

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

3. The petition under Section 125 Cr.P.C. was filed alleging that marriage of the parties was solemnized on 13.05.1988 at Panchmani as per Hindu rites and ceremonies. Out of the wedlock, three children, namely, Bharat Kumar, Hemant Kumar and Neelam were born. The husband took voluntary retirement from Army on 08.04.2008 and opened a coaching centre. He was a habitual drunkard and created scene in the presence of children and other persons in the vicinity. The wife was given beatings on demanding money. He also instigated his sons to use filthy and abusive language for her. The wife endured all atrocities with the hope that he would mend his ways but cruelty of the husband increased with time. She was insulted in front of the neighbours, causing her mental and emotional trauma. On 27.04.2019, she was given beatings by her husband and younger son and was saved by the neighbours. The husband again gave her beatings, whereupon she reported the matter to the police under Section 151 Cr.P.C. On 04.05.2019, the husband gave her severe beatings, turned her out of the matrimonial home and threatened to kill her if she returned back. Since that day, she was living in her parental home at Ballabgarh. The husband was earning Rs.1,00,000/- from pension, coaching centre and property dealing business, whereas the wife was physically ill, household lady and had no source of income to maintain herself. The husband having neglected and refused to maintain her, maintenance of Rs.40,000/- per month was claimed.

4. The husband filed written statement denying all averments of the wife. He submitted that the wife had withdrawn from his society without any reason.The petition was filed only to harass and humiliate him and to grab money. He had no source of income except pension of Rs.22,000/- and had liability of three children and his own asthama and cardiac treatment. He further submitted that the wife left his company in 2009 when he refused to transfer the house and started living with one Babu Singh. When he and his son opposed, she lodged a false complaint against them, in collusion with Babu Singh. He claimed that the wife was able-bodied and had sufficient source of livelihood, whereas he had to bear the expenses of his children and his own medical treatment.

5. Before learned Additional Principal Judge, Family Court, Faridabad, the wife examined herself as PW1 and tendered documents in evidence. Thereafter, the husband examined himself as RW1/A and tendered various documents in evidence.

6. Learned Additional Principal Judge, Family Court Faridabad considered the evidence led the arguments addressed and awarded maintenance allowance of ₹8,000/- per month to the wife from the date of filing the petition assessing income of the husband at₹34,000/- per month. Litigation expenses of ₹11,000/- were awarded in addition.

7. Learned counsel for the petitioner submits that the wife herself left the company of the husband without any valid reason. She was well qualified, capable, earning her own livelihood and was not entitled to claim maintenance from the husband, who was already burdened with upbringing of his three children. The husband was suffering from various medical conditions, burdened with the expenditure of his treatment and his only financial resource was his pension. Order dated 18.12.2024, thus, deserved to be set aside.

8. Section 125 of the Code of Criminal Procedure