SHRI JAI PRAKASH Vs. SMT. RAM ROSHNI

JUDGEMENT

(1.) THIS is a criminal revision petition filed by the Petitioner against the order dated 30.11.2009 passed by the learned Principal Judge, Family Court, Dwarka, in M. No. 171/2009 under Section 127 Code of Criminal Procedure in case titled Smt. Ram Roshni v. Shri Jai Prakash wherein the maintenance of Rs. 500/ - was enhanced to Rs. 2,000/ - per month from the date of filing of the petition i.e. 15.05.2003 and Rs. 2,500/ - from the date of order i.e. 30.11.2009 till the time she is legally entitled.

(2.) BRIEFLY stated that facts of the case are that the Respondent was awarded a maintenance of Rs. 500/ - by the learned Metropolitan Magistrate, Delhi vide order date. 4.5.1995 in pursuance to the proceedings initiated by her under Section 125 Code of Criminal Procedure It may be pertinent here to mention that after the amendment in Code of Criminal Procedure w.e.f. 24.09.2001, the Court is empowered to fix the maintenance as per the earning capacity of the Respondent. The Respondent filed a petition under Section 127 Code of Criminal Procedure in the Court of Ms. Deepa Sharma, the learned Principal Judge, Family Court, Dwarka, New Delhi on 15.05.2003 that is after a lapse of eight years from the date of grant of maintenance. She prayed that the amount of maintenance be increased from Rs. 500/ - per month to Rs. 5,000/ - per month as there has been a change in the income of the Petitioner apart from the fact that he owns a kothi in his name. It was alleged that the Petitioner was earning a rental income also. The Petitioner contested the claim of the Respondent for enhancement and stated that he himself is dependent on his parents for his own existence. It has been stated by the Petitioner that he is a poor man and unemployed. As a matter of fact, he is living on the charity of his brother. It was also stated by him that he is having only 5 Kanal 8 Marlas of agricultural land which is barren and unrelated. The factor of maintaining a dairy and consequently the income on account of dairy was also denied by him. The Petitioner had stated that he is only earning about Rs. 4,500/ - per month excluding the expenses from his land. The learned Principal Judge after permitting the parties to adduce the evidence with regard to the enhancement of maintenance heard the arguments and passed the impugned order by virtue of which the maintenance of Rs. 500/ - was increased to Rs. 2,000/ - per month with effect from 15.05.2003 and Rs. 2,500/ - per month from the date of order till the time she is legally entitled to the same.

(3.) I have heard the learned Counsel for the parties and have also gone through the record.