- (1.) THESE two revision petitions have been filed by the petitioners, one is Rakesh husband and other is Smt. Usha-wife against the order of maintenance passed under Section 23 of the Protection of Women From Domestic Violence Act, 2005( for short "the Act of 2005") and an amount of Rs.2500.00 per month has been allowed as maintenance to the wife.
(2.) THE contention of the husband-petitioner is that the order of the court below and the revisional court are perverse. There is no evidence as to committing of domestic violence by the present petitioner. The present petitioner is ready to keep his wife and an application under Section 9 of the Hindu Marriage Act has also been submitted by the present petitioner. The present petitioner-husband is unemployed and unable to pay monthly maintenance, whereas his wife Smt. Usha is M.A. In English Literature and also having degree of Ph.D. In Human Rights. She can maintain herself. Hence the order of the revisional court should be quashed. Per contra, the contention of the wife petitioner is that a meagre amount has been awarded as maintenance and the court below has not considered that the cost of living is reaching sky height and some documents showing the income of the husband has also been placed on record before this Court.
(3.) HEARD learned counsel for the parties and perused the material available on record.;