Lavish v. Mandeep Kumar Dalal

 

 



 



 




























































































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The petitioner, who is minor son of respondent, is challenging the judgment dated 25.01.2022 passed by learned Additional Principal Judge, Family Court, Bhiwani, in the proceedings under Section 125 Cr.P.C. vide which his father i.e. respondent herein, was directed to pay maintenance of Rs. 3,000/- per month to the petitioner.

2.

The marriage between the mother of the petitioner and respondent was solemnized on 08.02.2012 according to Hindu rites and ceremonies. One child i.e the petitioner herein, was born from the said wedlock. However, matrimonial dispute ensued between the couple and mother of the petitioner started residing separately from the respondent and petitioner was residing with his mother since then. Petitioner filed a petition under Section 125 Cr.P.C. seeking maintenance. Respondent contested the claim made by petitioner and filed reply to the said petition. Learned Family Court, Bhiwani vide impugned judgment dated 25.01.2022 awarded maintenance to the tune of Rs. 3,000/- per month in favour of petitioner. Aggrieved by the same, petitioner has preferred this revision

 petition.

3.

Learned counsel for the petitioner-child inter alia contends that petition filed by the petitioner under Section 125 Cr.P.C. was decided on 25.01.2022 without obtaining the affidavits declaring assets and liabilities of the parties in the prescribed proforma as mandated by Hon'ble Supreme Court in Rajnesh v. Neha and another (2021) 2 SCC 324. Learned counsel refers to paras No. 3 and 4 of the impugned judgment.

4.

Per contra, learned counsel for the respondent-husband opposes the prayer made by learned counsel for petitioner, however, he could not controvert the fact that case of maintenance was decided without obtaining the requisite affidavits.

5.

       



     

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