MOUMITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition lays challenge to orders dated 10.9.2009 and 2.12.2010 passed by the Judicial Magistrate 1st Class, Faridabad and the Additional Sessions Judge, Faridabad, respectively, whereby the petitioner has been allowed maintenance at the rate of Rs. 15,000/- per month and the Court of Additional Sessions Judge declined the prayer to enhance the amount. The facts relevant for disposal of the present petition are that the petitioner was married with respondent No. 2 on 19.4.1998 and a male child was born out of this wedlock on 7.8.1999. The respondent is an Engineer working in NHPC Limited. The respondent-husband has failed to discharge his liability to provide maintenance to the petitioner and the minor child living with her. In the year 2004, the respondent purchased two bed rooms flat bearing No. 501-A, Aravali Heights, Sector 21-C Part-III, Faridabad, in which the petitioner is residing with her son.

(2.) The petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the Act") was allowed by the Court of Judicial Magistrate 1st Class, Faridabad and the petitioner was awarded a monthly sum of Rs. 15,000/- for herself and minor son of the parties. The revision petition preferred by the petitioner for enhancement of the amount to a sum of Rs. 25,000/- was dismissed by the Court of Additional Sessions Judge, Faridabad.

(3.) To express her grievance that the amount awarded in her favour is inadequate, the present petition has been filed.