MAHESH KUMAR MATHURIYA Vs. KIRAN MATHURIYA

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner against the order dated 20.01.2018, passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metropolitan whereby the learned appellate court has dismissed the petitioners' appeal filed against the order dated 09.03.2017 passed by the learned Additional Chief Judicial Magistrate No.1, Jodhpur and enhanced the amount of interim maintenance from Rs.7,500/- per month to Rs.10,000/- per month.

(2.) Counsel for the petitioner submits that the learned trial court has awarded interim maintenance of Rs.7,500/- per month in favour of the respondents. Against the said order, the petitioner filed an appeal before the appellant court but the appellate court suo-moto enhanced the maintenance amount from Rs.7,500/- to Rs.10,000/- per month without there being any appeal for enhancement of interim maintenance on behalf of the respondents. The order of the appellate court is per-se illegal and deserves to be set aside.

(3.) Per contra, learned counsel for the respondents submits that the appellant court has passed the order after taking into consideration all the aspect of the matter. Hence, no interference is called for from this Court in the order impugned and prayed for dismissal of the revision petition.