KRISHNA KUMARI Vs. SH SURENDER SINGH

JUDGEMENT

(1.) This revision petition has been preferred by the petitioner, assailing the order dtd. 3/9/2024 [hereafter 'impugned order'], passed by the learned Judge, Family Courts, South District, Saket, New Delhi [hereafter 'Family Court'], by way of which the application (Misc Crl. 9/2018) filed by the petitioner under Sec. 127 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], seeking enhancement of amount of maintenance, came to be dismissed.

(2.) The brief facts of the case, as disclosed in the petition, are that the marriage between the petitioner-wife and the respondent-husband was solemnized on 28/4/1990. No child was born from the wedlock. The petitioner alleges that she was subjected to physical and mental harassment by the respondent and his family, including on account of dowry demands. It is her case that the respondent deserted her on 7/2/1992 and began residing with his parents. The record reveals that the respondent had filed a petition for restitution of conjugal rights against the petitioner, which was dismissed on 16/5/1997. He thereafter instituted divorce proceedings (HMA 787/2001) and in the said petition, the concerned Court had granted interim maintenance of Rs.3,000.00 per month to the petitioner under Sec. 24 of the Hindu Marriage Act, 1955 [hereafter 'HMA']. The divorce petition, however, was dismissed on 21/3/2011.

(3.) Meanwhile, the petitioner-wife had also filed a petition under Sec. 125 of the Cr.P.C. (CC No. 86/1/4/4/2008; New number: Maintenance Petition 65/2011) before the concerned Family Court. Vide order dtd. 15/10/2009, she was granted interim maintenance of Rs.5,000.00 per month, and the respondent's challenge to the said order before the learned Sessions Court was rejected. Subsequently, vide judgment dtd. 7/9/2012, the learned Family Court allowed her petition under Sec. 125 of the Cr.P.C. and directed the respondent to pay maintenance of Rs.10,000.00 per month from the date of filing of the petition i.e. 4/4/2008, along with litigation expenses of Rs.15,000.00. The respondent's challenge to this judgment by way of Criminal Revision Petition No. 151/2013 was dismissed by this Court on 26/7/2013, both on merits and for being barred by limitation.