CRL.REV.P./1233/2019 of MR. ZARIF Vs SMT. SHAHANA & ANR.
Parties
- MR. ZARIF (PETITIONER)
- Allowed, subject to all just exceptions (RESPONDENT)
Cites (2 resolved of 3 detected)
- KULBHUSHAN KUMAR versus RAJ KUMARI & ANR. (1971)
- AIR 1970 SC 234 (1970) FOLLOWED
Full text
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+CRL.REV.P. 1233/2019
MR. ZARIF
..... Petitioner
ThroughMr.Prashant Mehta, Adv. withMs.Divita Vyas, Adv.
versus
SMT. SHAHANA & ANR.ThroughNone.
..... Respondents
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAITO R R
%09.12.2019
Crl.M.A. 41156/2019 (Exemption)
Allowed, subject to all just exceptions.
This application is, accordingly, disposed of.
CRL.REV.P. 1233/2019 & Crl.M.A. 41157/2019
Vide the present petition, the petitioner seeks direction thereby to setaside the judgment and order dated 21.09.2019 passed by Principal Judge,Family Court, Shahdara, Delhi in C.C. No.466/16, whereby the learnedJudge has awarded maintenance to the tune of Rs.7,200/- in favour of thewife and minor son (Rs.3,600/- p.m. each).
The case of the petitioner is that the petitioner is earning only ₹9,000/- per month and is maintaining two daughters and his old mother.
Counsel for the petitioner has relied upon case of Kulbhushan
Kumar vs. Raj Kumari & Ors.: AIR 1970 SC 234 whereby the Hon’ble
Supreme Court has held that “25% of the husband’s net salary would be justand proper to be awarded as maintenance to the wife and 15% of the netsalary to the daughter as maintenance.”
As per the case of the petitioner, the petitioner repairs set of boxes,thus, he is skilled person and even minimum wage as on date in Delhi is₹18,000/-. Thus, granting of maintenance to the tune of ₹3,600/- each in favour of the wife and son is not on higher side, therefore, I find no groundto interfere with the impugned order.
The petition is, accordingly, dismissed.
DECEMBER 09, 2019ab
SURESH KUMAR KAIT, J