MADHYA PRADESH HIGH COURTBefore:- S.R. Waghmare, J.
Criminal Revision No. 949 of 2015. D/d. 10.02.2016.
Naresh Sharma - Petitioner
For the Petitioner :- Ms. Sadhna Pathak and Shri Kailash Sinjonia, learned Counsel.
Jyoti Sharma - Respondent
For the Respondent :- Shri K.K. Kaushal, learned Counsel.
4. Counsel submitted that when just and reasonable offer was made to the respondent/wife to shift to the flat which was already in her name she has disputed that the flat was given on rent, however, when it was stated that from the rent she has sufficient income to look after herself and her children, she claimed that she is without any source of income. Counsel prayed for setting aside the order of maintenance passed by both the Courts below submitting that the wife had sufficient means of her own to look after herself. Counsel also placed reliance on Sanjay Bhardwaj & Ors. v. The State & Anr. [Crl.M.C. No.491/2009] whereby in the case under the Domestic Violence Act, the Trial court had failed to consider that the husband had lost his job in Angola(Africa) where he was working before marriage because his passport was seized by police and he could not join his duties back. After marriage he remained in India, he was not employed and hence the Court had held that under the Domestic Violence Act, the Magistrate has to pass the maintenance order as per the rights available under existing laws.
Counsel for the respondent/wife has supported both the orders passed by the Courts below and prayed for dismissal of the present petition.