PUSHPA BAI Vs. KAPIL SAHU

JUDGEMENT

(1.) The present Revision Petition has been preferred assailing the order dated 05.11.2015 passed by the Family Court, Kawardha, in Misc. Criminal Case No. 409/2015.

(2.) By way of the said impugned order the Court below in a proceedings under Sec. 127(3) Crimial P.C. has enhanced the maintenance amount payable to the petitioner-wife from Rs. 800.00 to Rs. 1000.00 per month.

(3.) Learned counsel appearing for the petitioner submits that the court below has not properly appreciated the fact that the respondent-Husband has also got agricultural field of around 5 Acres and from which also he receives income. Further, even if he is a daily wage worker, minimum wage of non-skilled worker is more than Rs.200.00 per day. If Rs. 200.00 is taken into consideration as his daily wage, then his monthly income would be Rs.6000.00. The amount of maintenance enhanced by the court below i.e. Rs.200.00 (from Rs. 800.00 to Rs. 1000.00) only is not commensurate to the income of the respondent-husband.