SHYARA BIBI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these revision petitions have been filed by the petitioner wife and respondent No. 2 husband challenging the common order dtd. 16/4/2019 passed by learned Additional Sessions Judge, Sangaria, District Hanumangarh in Criminal Appeal No. 09/2019 whereby, the learned Additional Sessions Judge modified the order passed by the learned Additional Chief Judicial Magistrate, Sangaria (hereinafter referred to as 'the trial court') dtd. 6/9/2018 and while enhancing the amount of maintenance from total Rs.1500.00 as ordered by the trial court, directed the husband to pay a sum of Rs.3,000.00 per month to the wife and daughter.

(2.) Counsel for the petitioner-wife argued that the wife is having no independent source of income and is maintaining daughter whereas, the husband who is earning handsome amount has refused to maintain her, therefore, looking to the present scenario and inflation, the maintenance awarded by the Family Court is on the lower side and therefore, it may be adequately enhanced.

(3.) Per contra, counsel for the husband submits that wife herself left the matrimonial house of the husband without any reason and despite his efforts, wife was not ready to live with the respondent, therefore, there is no question of enhancement of maintenance awarded to the wife. In fact, the trial court was justified in directing the amount of maintenance in the sum of total Rs.1500.00, however, the appellate court has enhanced the same to sum of Rs.3,000.00 which is on the higher side, therefore, same may be reduced adequately.