Decided on February 08,2018

Smt. Malti Soni Appellant
Ambika Prasad Soni Respondents


SUSHIL KUMAR PALO,J. - (1.) This revision under Section 397 read with section 401 of Cr.P.C., 1973 has been filed to assail the order dated 12/04/2017 passed by the Family Court, Chhatarpur in MJC No.05/14, wherein it was directed to adjustment the maintenance granted and received to the petitioner/wife prior to the date of divorce.
(2.) Briefly stated the case of the petitioner/wife is that, the petitioner is the legally wedded wife of the respondent. On 29/04/1980, their marriage was solemnized. The petitioner/wife did not conceive, therefore, the respondent started harassing her and treated her with cruelty. The petitioner was not given maintenance, hence she filed an application under section 125 of Cr.P.C., 1973 before JMFC, Chhatarpur. The same was allowed on 28/11/2013 and Rs. 3,000/- p.m. was granted. A revision filed against this order was disallowed. Subsequently, the petitioner/wife filed an application under section 125 of Cr.P.C., 1973 for enhancement of the maintenance which was dismissed but when a revision was preferred the amount of Rs. 3,000/- p.m. was enhanced to Rs. 5,000/- p.m. The petitioner/wife further filed an application stating that a gap has been developed in between her fourth and fifth lumber bone of the vertebral column, because of which she suffers unbearable pain. She has developed diabetes and for meeting these expenses and treatment, she again filed an application to enhance the maintenance. It is also claimed that the respondent is earning Rs. 58, 842/- p.m. Besides, he has 5.252 hectares of irrigated agricultural land, from which he gets Rs. 2,00,000/- per year. He also owns a house at Bajrang Nagar, Chhatarpur situated in an area of 1600 sq.ft. He owns a Maruti car and is the Branch Manager of Gramin Bank, Branch Rajnagar. On this application, the learned Family Court after hearing both the parties allowed the enhancement of maintenance to Rs. 8,000/- p.m. but observing that in the case of Rohtash Singh v. Ramendri and others reported as (2000) 3 SCC 180 observed that, the decree only of divorce was passed on 21/11/2013 in First Appeal No.643/03 by this Court, the petitioner/wife is entitled to receive maintenance from the date of decree for the decree has been obtained on the ground of desertion.
(3.) The petitioner/wife has assailed the order dated 12/04/2017 on the grounds that the respondent/husband and the petitioner/wife are residing separately and unable to maintain herself. Therefore, the petitioner filed earlier application which was allowed on 10/09/2008 under section 125 of Cr.P.C., 1973 maintenance was granted in MJC No.05/14. Subsequently, the maintenance was again enhanced by order dated 10/03/2016.;

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