JUDGMENT Mr. Ram Chand Gupta, J.(Oral) - The present petition has been filed under Section 482 of Code of Criminal Procedure for setting aside order dated 27.08.2008 passed by learned Chief Judicial Magistrate, Rewari in petition no. 24 of 2005, Annexure P3, filed by petitioner-wife for maintenance under Section 125 Cr.P.C. as well as order passed by learned Additional Sessions Judge, Rewari in petition no.56 of 2008 titled as ‘Mangat Ram v. Sushma Devi and another’ and in revision petition bearing no. 5 of 2009 titled as ‘Sushma Devi v. Mangat Ram’ filed by petitioner-wife, which were decided on 03.07.2009 vide which learned Chief Judicial Magistrate had granted maintenance at the rate of Rs.5,000/- per month to petitioner-wife and however, the same was reduced to Rs.4,000/- per month by learned Additional Sessions Judge, Rewari. 2. I have heard learned counsel for the parties and have gone through the whole record including the impugned orders. 3. Relationship of husband-wife has not been disputed. There is also no dispute that petitioner-wife is residing separate from respondent-husband. Petitioner is having no income to maintain herself. It is the duty of respondent-husband to maintain her. Law is well settled that petitioner-wife is also entitled to the same standard of living as she would have while residing with her husband. There is no dispute that respondent-husband is employed in the office of SCERT, Haryana. As per order of this Court, Drawing and Disbursing Officer of SCERT, Gurgaon had come present in this Court. He had produced pay-slip of respondent, according to which he is drawing Rs.30,663/- per month on account of revision of pay scale of respondent-husband w.e.f. 01.01.2006. Though the present petition was filed by petitioner-wife before the revision of pay scales i.e. on 09.05.2005 and however, during pendency of said petition, pay scales were revised with retrospective effect i.e. w.e.f. 01.01.2006. It has also come on the record that even as per pre-revised scale, respondent-husband was drawing salary of more than Rs.13,000/- per month. 4. Hence, in view of these facts, order passed by learned Additional Sessions Judge, Rewari reducing the amount of maintenance from Rs.5,000/- per month to Rs.4,000/- per month cannot be sustained in the eyes of law even taking the income of respondent-husband as more than Rs.13,000/- per month on the date of filing of the petition. 4. Hence, in view of these facts, order passed by learned Additional Sessions Judge, Rewari reducing the amount of maintenance from Rs.5,000/- per month to Rs.4,000/- per month cannot be sustained in the eyes of law even taking the income of respondent-husband as more than Rs.13,000/- per month on the date of filing of the petition. Though it has been argued by learned counsel for respondent-husband that petitioner is having right to file a petition under Section 127 Cr.P.C. for enhancement of maintenance upon revision of pay of respondent however, I am of the view that when this Court is seized of the matter and when it has already come on the record that respondent-husband was getting more than Rs.25,000/- per month w.e.f. 01.01.2006 on account of revision of pay scales and at present he is getting more than Rs.30,000/- per month, the subsequent development can be taken into consideration and the amount of maintenance can be enhanced from the date of revision of pay scales. 5. In view of the aforementioned facts, the present petition is partly accepted and the impugned order passed by learned Additional Sessions Judge, Rewari is set aside. Order passed by learned Chief Judicial Magistrate, Rewari is modified to the extent that respondent-husband is directed to pay maintenance at the rate of Rs.5,000/- per month to petitioner-wife from the date of filing of the petition i.e. w.e.f. 09.05.2005 and he is further directed to make payment of Rs.8,000/- per month as maintenance to petitioner-wife from 01.01.2006 onwards. 6. However, it is made clear that amount of interim maintenance or any other amount as maintenance as per order of the courts below received by petitioner-wife shall be adjusted. 7. Disposed of accordingly.