LAWS(P&H)-2013-1-689

KRISHNA DEVI & ANOTHER Vs. MALKHAN SINGH

Decided On January 14, 2013
Krishna Devi And Another Appellant
V/S
MALKHAN SINGH Respondents

JUDGEMENT

(1.) The petitioners had approached the court under Sections 12 and 25 of the Protection of Women from Domestic Violence Act, 2005 (for short "the Act") seeking enhancement of a compensation, which had earlier been awarded to them. The said prayer of the petitioners was declined by the trial court, against which they filed an appeal before Addl.Sessions Judge, Kurukshetra, who has also dismissed the said appeal. The petitioners accordingly have filed this revision petition to impugn the said orders.

(2.) Krishna Devi petitioner filed this private complaint under Sections 12 and 25 of the Act against Malkhan Singh, who is husband of petitioner No.1 and father of petitioner No.2. Earlier, Civil Judge Junior Division, Kurukshetra has allowed maintenance of Rs. 1,000/- each to both the petitioners under Sections 18 and 20 of the Hindu Marriage and Guardianship and Maintenance Act on 25.8.2012. As per the allegations, respondent is a retired employee and earning a pension of Rs. 9,153/-. The petitioners had accordingly filed this petition for enhancement of this maintenance of Rs. 1,000/- which according to them was not sufficient. It is stated that petitioners are in dire need and respondent after retirement is dealing with property from which he is earning a handsome income.

(3.) Accordingly, the petitioners had prayed for maintenance allowance of Rs. 4,000/- per month each and had also demanded a sum of Rs. 50,000/-, which is needed for conducting certain medical tests of petitioner No.1.