PREM CHAND SAINI Vs. SMT. SANTOSH

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by judgment and order dated 05.08.2014 passed by the Judge, Family Court No. 2, Jaipur, whereby, the application for enhancement of maintenance filed under section 127 of Crimial P.C., 1973 by the respondents was allowed and maintenance was enhanced from Rs. 1,000.00 to 3,000.00 for respondent No. 1 and from Rs. 500.00 to Rs. 2,000.00 for respondent No. 2.

(2.) It is contended by counsel for the petitioner that the respondent wife deserted her husband and as per Sub-Section (4) of section 125 of Crimial P.C., 1973 she was not entitled to claim any maintenance.

(3.) It is also contended that the petitioner husband got a decree of divorce against the wife on the ground of desertion which was affirmed by the Appellate Court. Counsel for the petitioner has placed reliance on "Naresh Kumar Goyal Vs. Smt. Sunita and ors. 2013 (2) RCC Page 477." and "Smt. Rajanti Vs. Dr. Shri Phool and Anr. RLR 1989 (2), Page 96." and "Narain Lal Vs. Smt. Diwali and Anr. 1994 RCC, Page 551."