Maglis John vs Thamas John

Arvind Singh Chandel, J

The matter is listed for final disposal at motion stage. Learned Counsel appearing for the parties are heard finally.

Vide order dated 23.12.2017 passed in M.J.C. No.156 of 2016, the Family Court, Bilaspur has allowed the application under Section 125 of the Code of Criminal Procedure in favour of the Applicant/wife and granted her maintenance of Rs.4,000/- per month. She has preferred the instant revision for enhancement in the amount of maintenance.

Learned Counsel appearing for the Applicant/wife submits that the Respondent/husband, after all deductions, gets salary of Rs.30,000/- per month. Therefore, the amount of maintenance of Rs.4,000/- per month granted by the Family Court is on lower side and the same deserves to be enhanced suitably.

Learned Counsel appearing for the Respondent/husband supports the impugned order and submits that the order of the Family Court is just and proper and the same does not warrant any interference by this Court.

I have heard Learned Counsel appearing for the parties and perused the material available with due care.

Admittedly, the Applicant is the wife of the Respondent. The Respondent/husband himself has admitted that he is working as a Clerk in the Irrigation Department and is getting salary of Rs.30,000/- per month after all deductions. There is nothing on record to indicate that any person is dependent upon the Respondent/husband. In the circumstance, looking to the social status of the parties and the financial status of the Respondent/husband, I find that the maintenance of Rs.4,000/- per month granted by the Family Court in favour of the Applicant/wife is on lower side and it deserves to be enhanced to Rs.8,000/- per month with effect from today. Ordered accordingly.

Thus, the revision is allowed in the aforesaid terms.