JAGMOHAN SINGH Vs. LOVEPREET KAUR

JUDGEMENT

(1.) The petitioner has filed present criminal revision against the judgment dtd. 20/3/2019 passed by learned Principal Judge, Family Court, Sirsa, whereby in a petition under Sec. 127 Cr.P.C. filed by the respondent-daughter for enhancement of the amount of maintenance, the family Court has partly allowed the petition and directed the petitioner-father to pay maintenance @ Rs.2,500.00 per month w.e.f. 1/8/2014 to 31/5/2018 i.e. till her passing 10+2 examination and Rs.5,000.00 per month w.e.f. 1/6/2018 onwards for her higher education and to meet out basic amenities.

(2.) Briefly stated, the respondent, who is daughter of the petitioner filed a petition under Sec. 127 Cr.P.C. for enhancement of maintenance. Before filing this petition, the respondent-daughter had filed a petition under Sec. 125 Cr.P.C. in the year 2004 which was allowed vide order dtd. 13/4/2010 by the trial Court and the respondent-daughter was granted monthly maintenance @ Rs.1,000.00 from the date of institution of the petition i.e. 5/7/2004 till 31/12/2009 and for the subsequent period @ Rs.1,500.00 per month w.e.f. 1/1/2010 onwards. The petition under Sec. 125 Cr.P.C. was filed on 5/7/2004 and on that day, the respondent was 6 years of age, whereas on the date of decision of the petition under Sec. 125 Cr.P.C, she was about 12 years of age.

(3.) At the time of filing the petition under Sec. 127 Cr.P.C. for enhancement of maintenance in the year 2014, she was studying in 9th class in St. Joseph School, Mandi Dabwali. The respondent-daughter pleaded that there was change of circumstances and for her higher education, she required at least Rs.10,000.00 per month for her maintenance. The petitioner is working as TG-I in office of Mech Aux, Gurunanak Dev Thermal Plant, Bathinda and his gross salary in July, 2010 was Rs.22,806.00 per month, whereas as per the pay slip of March, 2014, his gross salary was Rs.52,381.00 per month.