IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-1481-2025 (O&M) Date of decision: 19.01.2026 DEEPAK PETITIONER VERSUS NIKITA AND ANOTHER RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Narender K. Sharma, Advocate for the petitioner.
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Shalini Singh Nagpal, J.
1. Order dated 08.08.2025 of learned Principal Judge, Family ₹
Court, Sonipat, awarding maintenance allowance of 10,000/- per month to ₹
respondent No.1 and 5,000/- per month to respondent No.2 from the date of filing petition has been assailed in the present petition.
2. For clarity and better appreciation, parties shall be referred to as husband, wife and child.
3. Petition under Section 125 Cr.P.C. was filed by the wife alleging that the parties were married at Sonipat on 23.11.2019 according to Hindu rites and ceremonies and a male child, namely, Veer was born out of the wedlock on 03.05.2021. At the time of marriage, the husband falsely represented about his educational qualification. Despite sufficient dowry articles and gifts given in the marriage and substantial expenditure incurred, family of the husband was not satisfied. Istridhan of the wife was snatched by her sister-in-law. The wife was taunted for bringing insufficient dowry. Repeated demands for dowry, cash etc. were raised, which were satisfied to some extent. On 26.06.2022, when the wife was alone, her brother-in-law tried to commit rape and also threatened to kill her. When her father threatened to lodge case against them in that regard, he was given a poisonous substance. The wife was beaten up and suffered various injuries leading to miscarriage and was ultimately thrown out of the matrimonial house on 05.09.2022. She tried in vain to settle the dispute but was not allowed to enter the house. She had no property and was living separately, borrowing money from her parents. The husband had residential house and various other properties, which fetched rent. He earned Rs.6,00,000/- per month and was living a luxurious life. He had no other liability except to maintain his wife and the child.
4. The application was opposed. The husband filed reply admitting the marriage and paternity of the child but denied all other averments regarding expenditure incurred in the marriage, demands of dowry, cruelty etc. He claimed that the wife was highly qualified, B.Ed., M.Sc. in Chemistry and was working in Rishikul School earning good salary. She pressurized him to separate from his parents and spent most of her time in her parental home or talking to her mother on phone. She picked up quarrels on petty matters and was arrogant. Her parents and family members quarrelled with him and took her and the child away. The matter was reconciled and the wife returned to the matrimonial home but her behaviour did not improve. On 30.08.2022, the wife quarrelled with him and his family members and left his house taking away all her valuables. The husband claimed that he was only running bakery ₹
in the name and style of Yammy Bakery and was earning 30,000/- per month. He had no movable or immovable property nor any other extra income. The wife was working in Cambridge Kids Campus as a teacher and the child was studying in the same school.
5. In her evidence, the wife examined herself as PW-1 and tendered documents. The husband examined himself as RW-1 and tendered documents.
6. Learned Principal Judge, Family Court, Sonipat heard both sides, ₹
considered the evidence on record and awarded maintenance of 10,000/- per ₹
month to the wife and 5,000/- to the child assessing income of the husband ₹
as 30,000/- per month.
7. Learned counsel for the husband submits that the wife who was M.Sc. in Chemistry and B.Ed. was working as a teacher in Cambridge School regarding which he had placed on record photographs, which learned Family ₹
Court also considered, yet awarded maintenance of 10,000/- per month which was beyond the paying capacity of the husband. She also produced false and fabricated rent agreement whi
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