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Rajasthan High Court · body

2025 DIGILAW 1254 (RAJ)

Kesaram, S/o. Shri Bhiya Ram v. Vimla, W/o. Shri Kesaram

2025-05-07

MANOJ KUMAR GARG

body2025
ORDER : Both the revision petitions have arisen out of the same order dated 12.12.2023, passed by learned Additional Session Judge, Jalore in Cr. Appeal No.3/2023 whereby the learned appellate court allowed the appeal filed by the wife and while setting aside the order dated 05.05.2022, passed by the Gram Nyayalaya, Sanchore, directed the husband to pay maintenance of Rs.15,000/- p.m. to the wife & minor daughter from the date of application i.e. 08.09.2016 and therefore, both the revisions are being decided by this common order. Revision No.411/2024 has been filed on behalf of husband against the award of maintenance to the wife & minor daughter and revision No.105/2024 has been filed on behalf of the wife and minor daughter seeking enhancement of maintenance amount. Mr. Salman Agha, learned counsel for the husband submits that initially, the wife had filed an application under Section 12 of Domvestic Violence Act, which was allowed by the Gram Nayalaya, Sanchore vide order dated 04.07.2013 and the wife was awarded maintenance of Rs.4,000/- per month. Thereafter, in the year 2016, wife again filed an application under Section 127 Cr.P.C., which was treated under Section 25 of DV Act, for enhancement of the maintenance. The said application was allowed by the Gram Nayalaya vide order dated 05.05.2022 directing the husband to pay enhanced maintenance of Rs.6,000/- p.m. for the wife from the date of filing of the application i.e. 08.09.2016. Against the order dated 05.05.2022, the wife fled an appeal before the appellate court for enhancement of the maintenance and the said appeal was allowed by the appellate court vide impugned order dated 12.12.2023 and while setting aside the order dated 05.05.2022, the maintenance amount of the wife was enhanced from Rs.6,000/- to Rs.15,000/- per month from the date of application i.e. 08.09.2016. It is argued by the counsel for the husband that the learned appellate court while passing the impugned order has not considered the factual aspect of the case and passed the order based on whims and fancies. Though, the husband is a government teacher, but he has the burden to maintain his parents and siblings. But, the learned appellate court without assigning any cogent reason has enhanced the maintenance, in a mechanical manner, from Rs.6,000/- to Rs.15,000/- per month. Therefore, it is prayed that the impugned order may be set aside, or in the alternative, the maintenance amount may be reduced appropriately. But, the learned appellate court without assigning any cogent reason has enhanced the maintenance, in a mechanical manner, from Rs.6,000/- to Rs.15,000/- per month. Therefore, it is prayed that the impugned order may be set aside, or in the alternative, the maintenance amount may be reduced appropriately. Mr. Rakesh Arora, appearing for the wife & minor daughter submits that the husband is a government teacher, drawing monthly salary of Rs.65,100/-, whereas, the wife does not have any source of income to maintain herself and her growing minor daughter. Therefore, it is prayed that looking to the financial status of the husband as well as present price index as well as expenses incurred in the upbringing of the minor daughter, the maintenance awarded by the learned appellate Court may be enhanced adequately. Heard learned counsel for the parties and perused the impugned order as well as carefully gone through the material available on record. It is not in dispute that the husband is a government teacher, drawing a handsome monthly salary of Rs.65,100/-. The appellate court vide impugned order awarded maintenance of Rs.15,000/- per month from the date of filing of the application i.e. 08.09.2016. Being husband and father, it is the legal obligation to maintain her legally wedded wife and minor daughter. Thus, taking into consideration the aforesaid facts, this Court is of the opinion that the maintenance awarded by the appellate Court to the wife and minor daughter cannot be said to be on the lower side. However, this Court is of the view that the learned appellate court has committed error in awarded the maintenance to the wife and minor daughter from the date of filing of the application i.e. 08.09.2016. Hence, it is ordered that wife and minor daughter shall be entitled to get maintenance of Rs.6,000/- per month from the date of application i.e. 08.09.2016 till the order of the appellate court i.e. 12.12.2023 and thereafter, from 12.12.2023, they shall be entitled to get maintenance of Rs.15,000/- per month. The husband shall pay arrears amount, if any due, to the wife & minor daughter within a period of two months from today. The impugned appellate order dated 12.12.2023 stands modified accordingly. Consequently, both the revision petitions are hereby decided. Stay applications, if any, also decided. Record of the Family Court be sent back immediately.