JAYA KANDWAL Vs. KHUSHIRAM KANDWAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 16th of May 2007, passed by Principal Judge, Family Court, Dehradun, in Suit No. 355 of 2005, whereby the said court has awarded maintenance at the rate of Rs. 3,000/- per month to the appellant and her daughter. The appellant has sought enhancement of the maintenance awarded by the trial court under Section 18 of the Hindu Adoptions and Maintenance Act, 1956.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) THE respondent contested the petition before the trial court and filed his written statement. He admitted having married to the appellant. It is also not disputed that a daughter (named Shatakshi) born out of the wedlock. However, as to the rest of the contents of the petition, the same are denied. It is pleaded by the 3 respondent that it was the appellant who used to quarrel with him. He has alleged that appellant used to hurl abuses at him and she used to give threat to kill the respondent. It is also alleged by the respondent that though the respondent is employed in a bank and has a lump sum salary of Rs. 21,000/- per month, but after deductions he is getting only Rs. 4,442/- per month. It is also alleged by the respondent that the appellant is earning Rs. 10,000/- per month. It is also alleged that without any sufficient reason the appellant has left the company of the respondent.