SHIVA KUMARI Vs. R SIDDARAJU

JUDGEMENT

(1.) This petition is by the dissatisfied wife against the order dated 22.7.2009 in C. Misc. No. 264 of 2004 on the file of Judge, Family-Court, Mysore, granting her enhanced maintenance of Rs. 1,400 p.m. Since there is a delay of 99 days in filing the petition, Misc. Civil No. 1892 of 2010 is filed seeking condonation thereof.

(2.) Learned Counsel for the petitioner is absent. In response to notice, respondent has entered appearance through learned Counsel who is also absent. Hence, perused records.

(3.) Records reveal matrimony between the petitioner and respondent is still subsisting which is not disputed. During subsistence, she claims to have left his company due to his torturous act and on that basis filed petition seeking maintenance in C. Misc. No. 9 of 1996 which was considered on merit and by order dated 22.8.1997, Rs. 400 were granted as maintenance which the respondent-husband appears to have paid regularly. However, in the year 2004, she filed the present petition in C. Misc. No. 264 of 2004 seeking enhancement of maintenance by availing the benefit of Section 127 of Cr.P.C. To sustain such ground, she averred he is a Government employee and his salary has substantially increased; earlier it was Rs. 10,000 but now it is multi-fold. Besides, she pleaded health problems and difficulty in maintaining herself due to escalation in the cost of living.