JUDGMENT 1. - The instant revision petition has been filed by the petitioners who are wife and daughter of the respondent respectively, challenging the order dated 4.1.2007 passed by the learned Judge, Family Court, Udaipur seeking enhancement in the order grating maintenance to the petitioners Rs. 1,000/- per month to the petitioner No. 1 and Rs. 800/- per month to the petitioner No. 2. 2. The order has been assailed on the ground that the respondent is working as a mechanic in the Western Railways and his total salary as per his Income Tax Return for the financial year 2009-10 is Rs. 2,23,393/- and the meager sum of 7 1,800 per month is grossly insufficient for the purpose of maintenance of a lady and a child. Learned counsel for the petitioners submits that petitioner No. 1 being the wife, is entitled to at least ⅓rd amount of the salary which is being earned by the respondent and likewise, the child is also entitled to similar amount of maintenance. Thus, he prays that the amount of maintenance deserves to be enhanced. 3. Learned counsel appearing for the respondent submits that the respondent submitted an affidavit in the Court below, as per which the salary of the respondent is only Rs. 5,000/- and thus, no enhancement is called for in the maintenance amount as granted to the petitioners by the learned Family Judge. 4. Having considered the arguments advanced at the bar and after having gone through the order passed by the Court below, this Court is of the opinion that there was a specific plea of the petitioners (in the year 2003) before the learned Family Court that the respondent is earning nearly Rs. 10,000/- per month. The said plea was advanced before the Family Court nearly eight years ago. Since then, it is the undisputed fact that the salaries of the Government servants have gone up drastically. The learned Judge should have called for the latest salary details of the respondents from the department or should have drawn adverse inference in this regard, in view of the specific plea of the petitioners which was not contradicted by the respondent by submitting any documentary evidence. The respondent is a Government servant and the burden was upon him to disprove the averment made in the maintenance application regarding the salary being received by him.
The respondent is a Government servant and the burden was upon him to disprove the averment made in the maintenance application regarding the salary being received by him. He could have produced his latest authenticated salary slip in the Court for the purpose of disproving the averment made by the petitioners regarding .the income of the respondent. The non-production of the latest salary details by a Government employee in an application under Section 125 Criminal Procedure Code or the Domestic Violence Act should be considered to be a ground for the Court to draw adverse inference in this regard. 5. In view of the discussion made above, this Court feels that the award of maintenance to the petitioners was extremely at a lower side. A paltry sum of Rs. 1800/- per month cannot be said to be adequate for the maintenance of two persons. 6. Resultantly, it is the firm opinion of this Court that there was no reason for the learned Family Court not to have awarded the maintenance amount as per the claim of the petitioners. The order impugned is therefore, modified and now the petitioners shall be entitled to receive maintenance form the respondent @ Rs. 2000/- each per month from the date of the application filed under Section 125 Criminal Procedure Code 7. For any further enhancement in the amount of maintenance, the petitioners shall be entitled to file an application under Section 127 Criminal Procedure Code before the learned Judge, Family Court and in the event of such application being filed, the learned Judge shall be under an obligation to consider and decide the same in accordance with law keeping in view the rising cost of living and the salary currently being earned by the respondent.The respondent shall make the continuous payment of the monthly maintenance @ Rs. 4000/- per month to the petitioners. The arrears of maintenance shall be deposited by the respondent within a period of six months from today in equal monthly instalments. If the respondent fails to make the payment of arrears and the monthly maintenance amount as directed above, the learned Family Court shall forthwith issue warrant of attachment for recovery of the amount of maintenance from the salary account of the respondent.The revision petition is allowed in the terms stated above. Record of the Court below be sent back forthwith.Revision allowed. *******