Madhya Pradesh High Court
CRR/82/2016 of SMT. NEELAM Vs PRAMOD on 5 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 5[th] OF FEBRUARY, 2024
CRIMINAL REVISION No. 82 of 2016
BETWEEN:-
SMT. NEELAM W/O PRAMOD VERMA, AGED ABOUT 45YEARS, OCCUPATION: HOUSEWIFE 86-A, SURYADEVNAGAR, INDORE (MADHYA PRADESH)
(NONE FOR PETITIONER )
.....PETITIONER
AND
PRAMOD S/O HAZARILAL VERMA, AGED ABOUT 47YEARS, OCCUPATION: SENIOR MANAGER PERMANENTADD - 1, C-85, TALBANDI, KOTA (RAJ.) / PRESENT ADD -PUNJAB AND SINDH BANK. BRANCH GURUHAR SAHAY,MUKHTSAR ROAD, GURUHAR SAHAY, DISTT.FIROZPUR (PUNJAB)
(BY SHRI VISHWAMBHAR VARANGAONKAR, ADVOCATE)
.....RESPONDENT
This revision coming on for orders this day, th e court passed the following:
Case is called twice.
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ORDER
None appears for the petitioner.
The matter is pending since 2016.
Heard finally.
The present Criminal Revision is filed under section 19(4) of the Family Court Act challenging the order dated 30.11.2005 passed by I AdditionalPrincipal Judge, Family Cort, Indore in Misc. Criminal case No. 676/2014
whereby the learned Judge has partly allowed the applicant's application undersection 125 Cr.P.C. and directed to pay Rs.10,000/- per month as maintenanceand Rs.1000/- per month as medical expenses from the date of the order.
The applicant has filed application under section 127 Cr.P.C. forenhancement of maintenance from Rs.5,000/- to Rs.30,000/- and house rent ofRs.5000/- and medical expenses of Rs.5,000/- per month. The Principal Judgeafter appreciating the evidence held that as per salary slip of the respondent ofSeptember, 2015 (Ex.P/5) after all deductions, he is getting salary ofRs.58,661/- and on consideration of the same, enhanced the fine amount fromRs.5000/- to Rs.11,000/- and medical expenses of Rs.1,000/- from the date of the order.
Counsel for the respondent submits that subsequently the maintenanceamount has been enhanced under section 127 Cr.P.C.
The aforesaid enhancement of maintenance is a separate cause of actionwhich cannot be examined in the present case. It is open for the respondent tochallenge the said order in accordance with law.
Considering the aforesaid finding regarding salary of the respondent, Ifind no illegality in the order and appropriate enhancement amount has beenawarded by the Family Court.
In view of aforesaid, the revision is dismissed..
MK
(VIJAY KUMAR SHUKLA)JUDGE