SUNIL SAGELA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner against the order dtd. 20/8/2016, passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan whereby the learned appellate court has dismissed the appeal of the petitioner and accepted the appeal of the respondents filed against the order dtd. 15/3/2016 passed by the learned Metropolitan Magistrate, Jodhpur Metropolitan and enhanced the amount of interim maintenance from Rs.7,500.00 per month to Rs.12,500.00 per month.

(2.) Counsel for the petitioner submits that the learned appellate court without assigning any cogent reason has enhanced the amount of interim maintenance from Rs.7,500.00 per month to Rs.12,500.00 per month, which appears to be on higher side and prayed for reduction of amount of interim maintenance. It is further submitted that for about one year the petitioner-husband and respondent-wife were resided together and now they separated from each other. Counsel submits that for that period of one year, the payment of interim maintenance amount may be exempted.

(3.) Per contra, learned counsel for the respondents submits that the respondent-wife is taking care of two minor children and she has no source of income. Therefore, the learned appellant court has perfectly justified in enhancing the amount of interim maintenance and therefore prayed for dismissal of the revision petition.