SHUKI DEVI Vs. KAILASH

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 29.11.2011 passed by the learned Judge, Family Court, No.1, Jodhpur in Criminal Original Case No.183/2010, whereby, the learned Judge, Family Court, No.1, Jodhpur has awarded maintenance to the petitioner at the rate of Rs. 2000/- per month from the date of filing of the application.

(2.) The misc. petition has been filed seeking enhancement of the maintenance amount awarded to the petitioner claiming the same to be on the lower side.

(3.) Learned counsel for the petitioner submits that the petitioner was married to the respondent - Kailash on 21.11.2007. Learned counsel submits that the petitioner- wife was continuously harassed by the respondent-husband on account of demand of dowry and, ultimately, when the demand could not be met, he turned the petitioner out of the house. The petitioner filed an application before the Judge, Family Court, No.1, Jodhpur claiming maintenance for herself. She pleaded that the respondent - Kailash was a good craftsman in stitching and was also having productive agricultural land. She pleaded the income of Kailash to be rupees forty thousand per month and claimed maintenance from the respondent at the rate of Rs. 10,000/- per month. Notice of the application filed by the petitioner was issued to the respondent who did not appear for pleading the case before the learned Judge, Family Court, No.1, Jodhpur despite service of notice. Accordingly, the learned Judge, Family Court, No.1, Jodhpur proceeded to accept the application filed by the petitioner ex parte by his order dated 29.11.2011.