- (1.) VIDE this petition filed under Section 482 Cr.P.C., the petitioner -wife seeks modification of order dated 18.2.2012 passed by the court of Additional Chief Judicial Magistrate, Ambala granting maintenance allowance to the tune of Rs.3,000/ - as also order dated 17.1.2013 passed by learned Additional Sessions Judge, Ambala whereby her revision petition was partly allowed and amount of maintenance allowance was enhanced to Rs.6,000/ - per month.
(2.) IT is claimed that maintenance even raised to Rs.6,000/ - is highly inadequate, keeping in view the needs of the petitioner and capacity to pay of the respondent -husband, who is getting salary of Rs.29,617/ - per month. Enhancement of amount of maintenance allowance has been sought to Rs.10,000/ - per month from the date of application.
(3.) THIS petition has been strongly resisted by the respondent claiming that she has already got enhancement in quantum of maintenance from Rs.3,000/ - to Rs.6,000/ - per month whereas the husband, a Lance Naik in the Army, has basic salary of Rs.8510/ - per month and has other responsibilities to discharge. Marriage between the parties and separate residence away from the matrimonial home of the petitioner is not questioned. As per salary certificate (Ex.P1) on basic pay of Rs.8510/ - the respondent -husband is getting a salary of Rs.29,617/ - per month. The court of learned Additional Chief Judicial Magistrate vide order dated 18.2.2012 had allowed maintenance of Rs.3,000/ - p.m. till re -marriage of the petitioner. The petitioner is residing with her parents in village Khaira Kalan, Yamuna Nagar since 17.4.2008. It is also not in question that the petitioner is not an earning hand. Even claim of the respondent -husband is that she is not mentally fit and as a necessary corollary is not in a position to earn either.;