Sandeep Mehta, J. - (1.) The instant revision petition has been filed by the petitioners who are wife and daughter of the respondent respectively, challenging the order dated 4.1.2007 passed by the learned Judge, Family Court, Udaipur seeking enhancement in the order grating maintenance to the petitioners Rs.1,000/- per month to the petitioner No. 1 and Rs.800/- per month to the petitioner No. 2.
(2.) The order has been assailed on the ground that the respondent is working as a mechanic in the Western Railways and his total salary as per his Income Tax Return for the financial year 2009-10 is Rs.2,23,393/- and the meager sum of 7 1,800 per month is grossly insufficient for the purpose of maintenance of a lady and a child. Learned counsel for the petitioners submits that petitioner No. 1 being the wife, is entitled to at least ⅓rd amount of the salary which is being earned by the respondent and likewise, the child is also entitled to similar amount of maintenance. Thus, he prays that the amount of maintenance deserves to be enhanced.
(3.) Learned counsel appearing for the respondent submits that the respondent submitted an affidavit in the Court below, as per which the salary of the respondent is only Rs.5,000/- and thus, no enhancement is called for in the maintenance amount as granted to the petitioners by the learned Family Judge.;