SEENORA BENZAMIN CHOKAR Vs. BENZAMIN MANASE CHOLKAR

JUDGEMENT

(1.) Rule. Mr. S.S.Gade, learend advocate and Ms. Moxa Thakkar, learned APP waives service of rule for respondent Nos. 1 and 2 respectively.

(2.) The Applicant is wife, whereas the respondent no. 1 is husband. Wife has challenged the order of judgment dated 17/08/2012 by the Family Court, Ahmedabad in Criminal Miscellaneous Application No. 1084 of 2009 whereby, Family Court has enhanced the amount of maintenance from Rs. 1000/- to 2000/-.

(3.) Heard, learned advocate Mr. Yusuf Pathan appearing for the applicant and learned advocate Mr. Sasikant S Gade appearing for the respondent. On perusal of impugned judgment, it appears that the petitioner wife has filed an application for maintenance in the year 2005 when competent Court has granted Rs. 1000/- for maintenance by an order dated 25/01/2006. Thereafter, in 2009 the wife has prayed for enhancement of such amount of Rs. 1000/- to Rs. 25,000/- alleging that respondent husband is having agricultural land and earning Rs. 2,50,000/- per month, whereas respondent husband has contested such application claiming that he is not holding any agricultural land and, therefore, there is no such income like Rs. 2,50,000/- per month. It is also contended that there is no increase in his income after the first order of maintenance.