KESARAM Vs. VIMLA

JUDGEMENT

(1.) Both the revision petitions have arisen out of the same order dtd. 12/12/2023, passed by learned Additional Session Judge, Jalore in Cr. Appeal No.3/2023 whereby the learned appellate court allowed the appeal filed by the wife and while setting aside the order dtd. 5/5/2022, passed by the Gram Nyayalaya, Sanchore, directed the husband to pay maintenance of Rs.15,000.00 p.m. to the wife and minor daughter from the date of application i.e. 8/9/2016 and therefore, both the revisions are being decided by this common order.

(2.) Revision No.411/2024 has been filed on behalf of husband against the award of maintenance to the wife and minor daughter and revision No.105/2024 has been filed on behalf of the wife and minor daughter seeking enhancement of maintenance amount.

(3.) Mr. Salman Agha, learned counsel for the husband submits that initially, the wife had filed an application under Sec. 12 of Domvestic Violence Act, which was allowed by the Gram Nayalaya, Sanchore vide order dtd. 4/7/2013 and the wife was awarded maintenance of Rs.4,000.00 per month. Thereafter, in the year 2016, wife again filed an application under Sec. 127 Cr.P.C., which was treated under Sec. 25 of DV Act, for enhancement of the maintenance. The said application was allowed by the Gram Nayalaya vide order dtd. 5/5/2022 directing the husband to pay enhanced maintenance of Rs.6,000.00 p.m. for the wife from the date of filing of the application i.e. 8/9/2016. Against the order dtd. 5/5/2022, the wife fled an appeal before the appellate court for enhancement of the maintenance and the said appeal was allowed by the appellate court vide impugned order dtd. 12/12/2023 and while setting aside the order dtd. 5/5/2022, the maintenance amount of the wife was enhanced from Rs.6,000.00 to Rs.15,000.00 per month from the date of application i.e. 8/9/2016.