CRR No. 774 of 2011 **** Sanjeev Gupta vs. Smt. Sonia Gupta Present: Mr. Sandeep Sharma, Advocate for the petitioner. **** This is a petition challenging the award of maintenance of Rs. 3000/- to the respondent-wife. Learned counsel has raised four points. The first is that the wife living in adultery is not entitled to maintenance. In response thereto he has relied on the fact that the petitioner had obtained a decree of divorce on the ground of adultery. However, he had been fair to admit that the said decree has been stayed. In the circumstances there is no finding that the wife is living in adultery. The second ground taken is that the wife is living in the ancestral house of the petitioner and while the petitioner is living in a rented accommodation. This ground also by itself would not absolve the petitioner from having to pay maintenance and the amount of ` 3000/- which has been awarded cannot be termed to be so excessive. The third ground is that the wife is earning. In this context learned trial Court has found that she has been earning ` 4100/- per month. In today's age this amount of ` 4100/- would hardly be enough to make both ends meet. The fourth ground is that the petitioner got married after limitation was over and he has a child from the second marriage also. This point would not favour the petitioner because, as mentioned above, the decree of divorce which was obtained by him has also been stayed. It CRR No. 774 of 2011 -2- cannot be lost sight of that a total amount of maintenance given to the wife and to the two minor children is ` 6000/- per month. In my opinion there is no infirmity or illegality in the order of the learned Family Court. Consequently this revision is dismissed. ( AJAY TEWARI ) JUDGE April 04, 2011 sunita