AMARJIT SINGH Vs. PUSHPA DEVI

JUDGEMENT

(1.) This petition has been filed by the husband challenging the order passed by the Revisional Court which enhanced the maintenance and awarded maintenance amount more than what was claimed. It was averred that the Revisional Authority could not have awarded an amount which was more than what was claimed and if she was seeking enhancement, she could have claimed the same in a separate petition under Sec. 127 Crimial P.C. which allows alteration and enhancement.

(2.) The short facts that appear from the record are that the parties were married in March, 1990. No child was born from the wedlock. They stayed together for 8 - 9 months. The wife had alleged that demands of dowry were made. In Nov., 1994 the husband is said to have left the petitioner at Chandigarh and had demanded Rs. 50,000.00 and had issued a threat. The wife got a FIR registered in Feb., 1995 at Police Station Adampur under Sections 498-A, 406, 506 Penal Code. The matter was got settled by the Panchayat but the wife was thrown out of the house and the case was reopened. The petitioner had pleaded that she was unable to maintain herself. The husband was working as Lance Naik in the Army and was earning Rs. 5,000.00 per month and had movable and immovable property. The petitioner claimed Rs. 1,000.00 per month as maintenance.

(3.) The husband resisted the petition and pleaded that the petitioner had treated him with cruelty at the instance of his brother who was posted in Chandigarh and in the office of DGP, Punjab and was influential. It was pleaded that petitioner started living with her parents since Dec., 1992 and he had filed a petition under Sec. 9 and Sec. 13 of the Hindu Marriage Act and the petitioner failed to appear and she was proceeded ex parte and thereafter, the matter was compromised and the case was withdrawn. It was averred that the family members and the petitioner started torturing him and he had filed a petition seeking divorce which was pending. It was also pleaded that the petitioner was earning more than Rs. 2,000.00 per month from tailoring work. He admitted that he was working in the Army but pleaded that his income was Rs. 2,000.00 per month.