RUCHIKA SHARMA Vs. SANJAY SHARMA

JUDGEMENT

(1.) Heard the learned counsels for the parties. The present revision petition has been filed by the petitioner against the order dated 21.06.2018 in Criminal Misc Case No. 296/2017 whereby, learned Judge Family Court No.2, Bikaner allowed the application filed by the petitioner under Section 125 Cr.P.C. directing the respondent to pay maintenance of Rs. 4000/- per month to petitioner.

(2.) Brief facts of the case are that the marriage of the petitioner and respondent no.2 was solemnized as per Hindu rites on 11.02.2005 at Bikaner and out of the said wedlock, two children were born. The petitioner filed an application under Section 125 Cr.P.C. before the court below and stated that after few years, the respondent and his family members started harassing the petitioner and committed grave cruelty demanding dowry. It was stated that the respondent is a heavy drunkard and used to beat the petitioner after consuming liquor. On 08.07.2014, the respondent committed a cruel assault on the petitioner and complaint in this regard was made by the petitioner with Mahila Police station. Later on the respondent filed a divorce petition and restrained the petitioner from meeting her children. Thus, by filing the application under Section 125 Cr.P.C. the petitioner demanded maintenance of sum of Rs.10,000/- per month as the respondent is working as employee in the District Court, Bikaner. However, the learned Family court awarded a meagre sum of Rs.4,000/- per month.

(3.) Learned counsel for the petitioner submits that petitioner is a poor lady having no independent source of income whereas, the respondent is working on the post of Class IV employee in District Court and as per salary certificate issued by the Civil Judge and Judicial Magistrate No.3, Bikaner, the repsondent is earning a sum of Rs. 33,119/- per month, therefore, the amount of maintenance may be adequately enhanced.