S.P. Pathak, J. - (1.) This revision petition has been filed under Section 397 read with 401 Cr.P.C. against the judgment and order dated 30.8.2005 passed by the learned Judge, Family Court No. 1, Jaipur for enhancement of the amount of maintenance and also for grant of maintenance from the date of filing of the application instead of date of passing of the order.
(2.) Briefly stated the facts for the disposal of the present revision petition are that the petitioner submitted an application under Section 125 Cr.P.C. before the learned Judge, Family Court No. 1, Jaipur on 13.12.2000 claiming maintenance for minor children petitioners No. 2 and 3. In the application it was averred that the petitioner was subjected to cruelty by respondent-husband and by her in-laws. An F.I.R. was also lodged by the petitioner at Mahila Police Station, Gandhi Nagar for demand of dowry and harassment. F.I.R. No. 51/1999 for the offence under Sections 498A and 406 I.P.C. was registered at Police Station. In relation to income of the non-petitioner it was averred that the non-petitioner was receiving monthly salary @ Rs. 12,000/- per month and was also having an income from other sources. A prayer was made for grant of maintenance of Rs. 2,500/- per month per child. In reply to the application it was stated that the petitioner was never subjected to any cruelty and false allegations have been levelled against him and his family members. It was also stated that the petitioner at her own left the house. In order to prove the allegations, the petitioner examined herself and also examined PW-2 Bhanu Prakash Goswami, the father of the petitioner. The respondent examined himself and his father Shanker Prasad. The learned Judge, Family Court awarded maintenance to the minor daughter Aditi and son Ashish @ Rs. 1,000/- each vide order dated 30.8.2005 from the date of the order. Hence, this revision petition.
(3.) The contention of the learned counsel for the petitioner is that the learned. Judge, Family Court has not properly taken into consideration this aspect of the matter that now more money is required for the maintenance of minors as they are now studying in schools and looking to the present time maintenance amount of Rs. 1,000/- each to the minors is at the lower side. It is also contended that the monthly salary of the non-petitioner is Rs. 16,608/- per month as the non-petitioner is Circle Inspector in the police department in the pay scale of Rs. 6500-200-10500. Learned counsel for the petitioner has submitted in this regard the pay slip of the non-petitioner for the month of January, 2008.;