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Judgment
The applicant herein-original complainant of Criminal Misc. Application No.19 of 2007, in which, the learned
Additional Chief Judicial Magistrate First Class, Vyara vide order dated 28.01.2010 directed the respondent No.1 to pay an amount of Rs.1500/- per month to the applicant towards the maintenance. The said order was challenged by the respondent No.1 by way of Revision Application No.06 of 2010, in which the learned Principal District and Sessions Judge, Vyara vide order dated 09.05.2012, partly allowed the application by reducing the amount of maintenance to Rs.800/- per month from Rs.1500/- per month.
Heard Ms. Dharti Ratani, learned advocate for Mr. N.V.Gandhi, learned advocate for the applicant, Ms. Jasmin Mittal, learned advocate for Ms. Kruti Shah, learned advocate for respondent No.1 and Mr. N.J.Shah, learned APP for respondent No.2-State.
Ms. Dharti Ratani, learned advocate contended that the learned trial Court has reduced the amount of maintenance from Rs.1500/- to Rs. 800/- per month without recording any cogent and convincing reasons and has not considered the other relevant factors like social status, the background of both the parties and economic dependence of the applicant-wife. She further contended that the respondent No.1-husband is residing in his own house and paying an amount of Rs.1200/- per month towards the installment to the bank. Therefore, the amount of Rs.800/- per month is not sufficient for the applicant to meet with the daily expenses. She prays to allow this application.
Ms. Jasmin Mittal, learned advocate contended that the learned appellate Court has rightly reduced the amount of maintenance from Rs.1500/- to Rs.800/- per month. She
contended that income of the respondent No.1 is Rs.2800/- per month, however, the learned trial Court has not considered the said aspect and passed the order of Rs.1500/- by considering the income of the respondent No.1 as Rs.6000/- to Rs.7000/- per month. She, therefore, prays to dismiss the present application.
Heard the submissions advanced by learned advocates for the parties. Perused the impugned order. Present revision is filed in the year 2012. Therefore, considering the value of money and price escalation of the essential commodities, the amount awarded by the learned appellate Court towards the maintenance is not sufficient and the same is required to be increased. Therefore, order 09.05.2012 passed by the learned Principal District and Sessions Judge, Vyara in Revision Application No.6 of 2010, is hereby modified to the extent that the amount of maintenance of Rs.800/- per month is increased to Rs.1000/- per month. The respondent No.1 is directed to pay Rs.1000/- per month instead of Rs.800/- per month towards the amount of maintenance.
In view of the above observation and direction, present revision application is partly allowed. Rule is made absolute to the aforesaid extent.