MUKESH AND ORS. Vs. NAVEEN KUMAR

JUDGEMENT

(1.) TWO separate petitions have been filed, one by the wife and the other by the husband laying challenge to the order dated 15.06.2013, passed by the Sessions Judge, Jind, vide which the order passed by the Additional Chief Judicial Magistrate, Jind was modified. The wife in her petition bearing No. CRM -M -27322 -2013 seeks enhancement of the maintenance awarded to her and her daughter.

(2.) BRIEF facts giving the backdrop are necessary. Mukesh and Naveen were married in November 2000. A child was born to them in August, 2001. The wife filed a petition under Section 125 Cr.P.C. in 2003. An order for interim maintenance was passed vide which Rs. 800/ - per month was allowed to the wife and Rs. 600/ - per month was allowed to the child. The matter was taken up before the Lok Adalat on 02.09.2006 and the parties agreed on the maintenance amount that was allowed by way of the interim arrangement in 2006.

(3.) THE wife examined herself and produced receipts Ex. P1 to P4 showing deposits that the amount spent on her own education. Ex. P5 was the receipt to show the admission fees & tuition fees of the child paid for the year 2010 -2011. A receipt Ex. P8 was introduced in evidence to show that wife had deposited Rs. 10,000/ - as second installment for her B.Ed. Course. The petitioner produced information received under the R.T.I. Act to show that the basic pay of her husband on 01.04.2011 was Rs. 24,320/ - per month and the gross salary paid in April, 2011 was Rs. 39,655/ -. The wife had also obtained information under the R.T.I. Act with respect to the pension received by Chatar Singh, her father -in -law to show that a sum of Rs. 10,000/ - was received as pension. Ex. P13 was the fees paid for the child for the academic session 2011 -2012, which was to the tune of Rs. 21,200/ - for the whole year.