PRIYA AHIRWAR Vs. SURESH KUMAR

JUDGEMENT

(1.) The applicants have filed this revision under Section 397 read with Section 401 of Cr.P.c. being aggrieved by the order dated 26/10/2018 passed in M.J.C. No.267/2017 by 2nd Additional Principal Judge, Family Court, Bhopal thereby directing the respondent to pay pendent lit maintenance to the applicant to the tune of Rs.10,000/- per month, therefore, the applicant is seeking enhancement of the said amount.

(2.) The facts giving rise to this revision, in short, are that the applicant is legally wedded wife of respondent. After marriage she went to her matrimonial house. After some time, relation of both became strained. So many criminal proceedings and civil proceedings instituted by both of them against each other and ultimately applicant filed an application on 10/1/2017 under Section 125 of Cr.P.C. before the Family Court. The Family Court vide impugned order dated 26/10/2018 granted the maintenance allowance to the applicant to the tune of Rs.10,000/- per month.

(3.) The applicant being dissatisfying with this maintenance amount has filed this criminal revision under Section 397/401 of Cr.P.C. on the ground that the respondent is getting a handsome salary of Rs.70,000/- per month and the applicant is not having any permanent means of earning. The respondent is not maintaining his wife i.e. applicant. Learned trial Court fixed a meager amount of maintenance in spite of the fact that the respondent is not having any liability of maintenance except his wife i.e. applicant. Rs.10,000/- per month as maintenance is insufficient to maintain the applicant herself, thus, the applicant is seeking enhancement from Rs.10,000/- to Rs.30,000/- per month from the respondent.