INDRA Vs. BIR SINGH

JUDGEMENT

(1.) THE wife is petitioner before this Court. She has approached this Court for modification of order dated 3.8.2011 passed by the Family Court, Faridabad whereby maintenance allowance to the tune of Rs. 3,500/ - has been granted. The facts, in brief, are that the marriage between the petitioner and respondent was solemnized in the year 1978. Earlier to filing of application under Section 127 CrPC, the wife presented an application under Section 125 CrPC for grant of maintenance allowance. The said application under Section 125 CrPC was allowed. In the revision, the maintenance allowance of Rs. 2,000/ - per month was granted vide order dated 6.7.2007.

(2.) THE petitioner -wife moved an application under Section 127 CrPC for enhancement of an amount of maintenance from Rs. 2,000/ - per month which was granted vide order dated 6.7.2007. The Family Court, Faridabad vide order dated 3.8.2011 has enhanced the maintenance amount from Rs. 2,000/ - per month to Rs. 3,500/ - per month which is under challenge.

(3.) LEARNED counsel for the respondent -husband submits that the husband is ready to keep the wife with him but it is only the petitioner who is not residing together as the wife is not being neglected or there was no sufficient reason to reside separately. He further submits that the widow sister along with children is also residing with him and there is no other source of income and the expenses are to be meted out from the salary which is approximately Rs. 17,000/ - per month after making necessary deduction. heard learned counsel for the parties and have also perused the records of the case and also the latest salary certificate of salary which has been produced in the Court at the time of hearing.