USHA BAI Vs. DULE SINGH

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure (in brief the âCodeâ) has been filed against the order dated 27/05/2015; whereby Criminal Revision No.201/2014, filed by the non -applicant - husband was partly allowed; whereas Criminal Revision No.202/2014, filed by the applicant -wife was dismissed and the order of granting maintenance @ Rs.2,000/ - per month has been maintained.

(2.) Applicant -wife has filed an application under Section 125 of the âCodeâ against the non -applicant - husband for maintenance. After inquiry, learned Magistrate allowed the application vide order dated 28/10/2014 and directed the non -applicant -husband to pay maintenance @ Rs.2,000/ - per month to the applicant -wife. Being aggrieved, the applicant has filed a revision for enhancement; whereas non -applicant - husband was also aggrieved by the order of maintenance. Learned ASJ, Agar partly allowed the revision of the non -applicant husband and modified the order to the extent that non -applicant shall pay maintenance from the date of order instead of date of filing of application; whereas dismissed the revision of applicant -wife for enhancement of maintenance. Being aggrieved, the applicant -wife has filed this petition.

(3.) Learned counsel for the applicant â wife submits that the applicant -wife has produced revenue papers to demonstrate that non -applicant -husband owns 3.970 Hectare of irrigated agricultural land and he earns Rs.4,00,000/ - per year but the Courts below have not considered the evidence in right prospects and awarded a meager sum of amount i.e. Rs.2,000/ - per month. He prays that the amount be enhanced at least Rs.6,000/ - per month.