MONIKA Vs. PRAVEEN

JUDGEMENT

(1.) This revision under Sec. 397/401 of Cr.P.C. read with Sec. 19(4) of Family Court Act has been filed against the order dtd. 14/12/2023 passed by IInd Additional Principal Judge Family Court Indore in M.Cr.C. 1049/2018 by which monthly maintenance at the rate Rs.5,000.00 has been awarded to the applicant.

(2.) It is submitted by the counsel for applicant that the applicant and respondent are legally wedded husband and wife. The applicant filed an application under Sec. 125 of Cr.P.C. for grant of maintenance. By the impugned order, she has been awarded maintenance at the rate of Rs.5,000.00 with a rider that the said amount shall be adjusted in case if the applicant is receiving maintenance amount under any other statute. It is further submitted that the respondent was directed to submit his salary slip which he has done and according to the salary slip of the month of July, 2024 his net salary is Rs.38,373.00. Thus, it is submitted that the monthly maintenance at the rate of Rs.5,000.00 per month is on a lower side.

(3.) Per contra, the revision is vehemently opposed by counsel for respondent. It is submitted that by order dtd. 13/12/2019 passed by 11st ASJ, Indore, in Criminal Appeal No. 176/2019, an amount of Rs.7,500.00 per month has been awarded under Sec. 20 of Protection of Women from Domestic Violence Act, therefore, the said amount is liable to the adjusted. It is further submitted that respondent had taken a loan for construction of house and accordingly he is required to pay a monthly installment of Rs.13,700.00 and, therefore, it is clear that his net income is Rs.25,000.00per month. The applicant has a responsibility to look after his parents who are residing in Badwani.