LAWS(HPH)-2010-9-357

RAJ KUMARI Vs. BRAHM DASS

Decided On September 03, 2010
RAJ KUMARI Appellant
V/S
BRAHM DASS Respondents

JUDGEMENT

(1.) APPELLANT -wife filed a suit for maintenance as an indigent person, against the respondent -husband which was decreed with costs by the learned District Judge and awarded maintenance @ Rs.1200/ - per month inclusive of Rs.500/ - per month already granted under Section 125 of the Code of Criminal Procedure w.e.f. 1.1.2004 and this maintenance amount was ordered to be the first charge over the landed property comprised of khata khatauni No. 4/4 being khasra Nos. 48, 219, 219/1 and 322 situated in village Manoh, Mauza Mewa, Tehsil Bhoranj, District Hamirpur, H.P. owned by the respondent -husband as per Jamabandi for the year 1996 -97. He was further ordered to pay court -fee on the amount of Rs.9, 60,000/ -.

(2.) APPELLANT -wife felt dissatisfied by the impugned judgment and decree and claimed enhancement in the maintenance amount @ Rs.8000/ - per month in this appeal, on the ground that respondent -husband was promoted as Superintendent Grade -II and his gross salary had gone up to Rs.16000/ - per month. Her husband had no liability, even his son born from the appellant was also living with her.

(3.) I have heard the learned counsel for the parties and have gone through the evidence on record.