RENU AND ANOTHER Vs. KARAM CHAND

JUDGEMENT

(1.) This is a revision petition that has been filed seeking to challenge order dated 18.10.2016 passed by District Judge (Family Court), Ambala, whereby the respondent has been directed to pay a sum of Rs. 2,000/- per month as maintenance to the petitioners herein.

(2.) In brief, the facts are that a marriage was solemnized between petitioner No.1 and the respondent on 31.01.2009 according to Hindu rites and ceremonies. Out of this wedlock, petitioner No.2 was born on 18.11.2010. On account of demand of dowry and the inability of petitioner No.1 to fulfill the same, she was turned out from her matrimonial home along with the minor child. As petitioner No.1 was unable to sustain herself and the minor child , she filed a petition under Section 125 Cr.P.C. before the District Judge (Family Court), Ambala claiming maintenance. It was alleged that the respondent is a Cooler mechanic and is working in a cooler manufacturing company at village Kanwla, District Ambala, from where he is earning more than Rs. 15,000/- per month. The respondent failed to put in appearance and, therefore, was proceeded against ex parte. Petitioner No.1 led her evidence, which was corroborated by her father Des Rash while appearing as PW-2. Thereafter, learned District Judge (Family Court), Ambala held that the income of the respondent to be between Rs. 7,000/- to Rs. 8,000/- per month being that income of a casual labourer and directed that he would pay a sum of Rs. 2,000/- per month as maintenance i.e. Rs. 1,500/- per month to petitioner No.1 and Rs. 5,00/- per month to petitioner No.2. Aggrieved against the said order, the instant revision petition has been filed seeking enhancement in the said amount.

(3.) Learned counsel appearing on behalf of the petitioner would contend that as on date casual labourer in Haryana is earning approximately Rs. 10,000/- per month and, therefore, the amount of maintenance awarded is insufficient for them to sustain themselves keeping in view that the minor child has yet to be educated and at the moment he is only approximately 8 years old.