NEELAM Vs. YASHPAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 15.01.2018, passed by the learned Family Court, Karkardooma Court, Shahdara District in C.C.No.92/2017, wherein the learned Family Court has enhanced the maintenance from Rs.2,000/- per month to Rs.5,000/- per month from the date of the order i.e. 15.01.2018. The revisionist is the wife challenging the increase of Rs.3,000/- contending that sum of Rs.5,000/- awarded to her is meagre to maintain herself.

(2.) Material on record shows that the marriage of the petitioner and the respondent was solemnized on 29.04.2004. Out of the wedlock a female child was born in April, 2005. The petitioner filed a petition under Section 125 Cr.P.C claiming maintenance contending that the family members of the respondent are harassing her and torturing her for bringing less dowry and that they have thrown her out of the house. It is alleged that the respondent had deserted the petitioner without any reasonable cause. The petitioner in her petition under Section 125 Cr.P.C stated that the total monthly income of the respondent is Rs.25,000/-. The petitioner claimed a maintenance of Rs.10,000/- per month from the respondent.

(3.) The learned Metropolitan Magistrate, Mahila Court, Karkardooma Courts, Shahdara, by an order dated 24.06.2013, in C.C.No.230/2013 found that the allegation that the respondent has deserted the petitioner and that the respondent has neglected to maintain her is correct. The Metropolitan Magistrate also held that the petitioner herein has no source of income, a fact which has not been challenged by the respondent. The learned Metropolitan Magistrate while deciding the issue regarding the financial status of the respondent herein came to a conclusion that neither is there any documentary evidence on record nor any witness has been examined to prove that the respondent was earning more than Rs.25,000/- per month. The Metropolitan Magistrate fixed the income of the respondent at Rs.8,000/- per month, which was the wage for a skilled labourer as per the Minimum Wages Act at that time and directed the respondent herein to pay a sum of Rs.2,000/- as maintenance from the date of the order i.e. 24.06.2013.