MANGI DEVI Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner against the order dated 25.4.2009 passed by the learned Judge, Family Court, Jodhpur whereby while allowing the petitioner's application under Sec. 125 Crimial P.C., the learned Court has directed the respondent no. 2 to make payment of the maintenance @ Rs. 2,000.00 per month.

(2.) Aggrieved by the meager amount of maintenance the instant petition has been filed seeking enhancement of the maintenance amount.

(3.) Heard learned counsel for the petitioner and perused the order impugned as well as the record. The petitioner has specifically come with a case that the respondent turned her out of house and has remarried with one Durga Devi. She has exhibited certain documents pertaining to the sale of the respondent's agricultural land and the total sale amount has been mentioned therein to be about Rs. 52 lacs. The petitioner has specifically alleged that the respondent is having substantial interest income from the said sale amount. The petitioner's evidence has not been controverted by the respondent as he did not appear before the trial court despite service. In the instant miscellaneous petition also the respondent has not put in appearance, The petitioner has filed copies of certain documents pertaining to the prosecution of the respondent under Sec. 494 Crimial P.C. One of the document is an affidavit filed by the respondent before this Court in Misc. Petition No. 80/2007 wherein the respondent has admitted that he is married to Durga Devi. He has also mentioned that the petitioner was married to him but has left him about 30-32 years ago.