YOGESH SONI Vs. MASTER DEVESH SONI & ORS

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner to challenge the legality and correctness of an order dated 30.09.2014 of Judge, Family Court, Rohini, by which in the proceedings under Section 127 Cr.P.C., maintenance amount was enhanced from Rs. 4,000/- to Rs. 15,000/- p.m. from the date of filing of the application i.e.15.01.2011 till further orders. The revision petition is contested by the respondents.

(2.) I have heard the learned counsel for the parties and have examined the record. In divorce petition HMA No.97/08, a settlement was arrived at between the petitioner and respondents' mother whereby divorce by mutual consent took place between the two. Rs. 5,00,000/- was agreed to be paid by the petitioner to the respondents' mother in respect of her claims including istridhan, dowry articles and permanent alimony. It was further agreed that the petitioner shall pay a sum of Rs. 4,000/- i.e.Rs. 2,000/- p.m. for each of the respondents for their maintenance. It was further agreed that the respondents could apply for enhancement of the maintenance amount after every two years.

(3.) Settlement dated 02.09.2007 is not under challenge. As per that settlement, the petitioner was to pay Rs. 2,000/- p.m. each to the respondents for their maintenance. It was also liable to be enhanced after every two years. However, the respondents did not file any application for its enhancement before 15.01.2011. The petitioner on his own did not deem it fit to enhance the quantum of maintenance. Both the respondents are school-going children and at present are studying in 7th and 5th Standard in Monfort School, Ashok Vihar, Delhi and Kulchi Hansraj Model School, Ashok Vihar respectively. They are aged around 12 and 10 years. The respondents have claimed that the petitioner has income more than Rs. 80,000/- p.m. and is manufacturer and exporter of Kundan jewellery at Jaipur. The petitioner's contention is that his income does not exceed Rs. 25,000/- p.m. as reflected in the Income Tax returns and he is carrying a sole proprietorship firm under the name and style of M/s Y.R.Gems engaged in the brokerage of gems of small scale unit facing high competition and recession in the market.