SUNITA Vs. KAILASH AWAYA

JUDGEMENT

(1.) This petition has been filed by Smt. Sunita and her minor son against the order of enhancement of the maintenance awarded to the minor son only @ Rs.1000/- per month, while denying the maintenance to the first petitioner to whom the Metropolitan Magistrate granted maintenance @ Rs.1,500/- per month, while sum of Rs.500/- was granted to the minor child.

(2.) The sessions Court vide the impugned order accepted the case of the respondent that the petitioner no.1 was not legally wedded wife of the respondent and thus was not entitled for maintenance. Of course by the same order, the Additional Sessions Judge enhanced the order of maintenance in favour of the second petitioner by enhancing the maintenance from Rs.500/- to Rs.1000/- per month.

(3.) According to the petitioner, the conclusion drawn by the Revisional Court that the petitioner was not legally wedded wife of the respondent is not tenable in law because there are documentary evidence ration card, birth certificate of the minor child born from the wedlock. She also urged that the findings of the Revisional Court that the son of the petitioner was the illegitimate child is not based on cogent evidence. It is also submitted by the petitioner that the amount of maintenance awarded to the second petitioner and denial of the maintenance to petitioner no. 1 is even otherwise not sustainable , considering the income of the petitioner who is having a monthly income of Rs. 23000/- from salary and sum of Rs. 40000/- from agriculture.