PUSHPABEN JAGDISHPRASAD MEENA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner No.1 is wife of the respondent No.2. Petitioner No.2, at the relevant time, was their minor daughter. They had approached the Family Court, Ahmedabad seeking maintenance from the respondent No.2. Family Court by order dated 29th November 2007 directed the respondent No.2 to pay monthly maintenance of Rs.2500/- to the wife and Rs.1500/- to the child. He was, thus, required to pay maintenance of Rs.4,000/- every month to the present petitioners from the date of application i.e. 2.12.2005. Claimants have filed the present proceeding seeking enhancement of maintenance. At the outset, it may be noted that the petitioner No.2 daughter of the respondent No.2 has got married on 17.06.2009. As per provisions of Section 125 of Cr.P.C., from that date she would not be entitled to any further maintenance.

(2.) Now the question is what maintenance the petitioner No.1 should be paid from that date onwards and whether there should be any enhancement in favour of both the petitioners for the period interior to 17.06.2009.

(3.) Counsel for the petitioner drew my attention to salary slip of the respondent No.2. He also pointed out that he had received Rs.8 lakhs by way of compensation in land acquisition proceeding which amount would receive reasonable interest on investment. He, therefore, submitted that maintenance awarded by the Family Court is inadequate.