LATHA H M Vs. RAVINDRANATH H M

JUDGEMENT

(1.) The petitioner has filed this petition seeking enhancement of maintenance from Rs.10,000/- to Rs.30,000/- ordered by the Judge, Family Court, at Davanagere, in Crl.Misc.No.330/2012, vide order dated 26.10.2013, against the present respondent.

(2.) The present petitioner had filed a petition under Section 125 of Code of Criminal procedure, in Crl.Misc.No.330/2012, before the Family Court, at Davanagere, which came to be allowed by it vide order dated 26.10.2013. The quantum of maintenance ordered to be payable by the respondent therein in favour of the petitioner was Rs.10,000/- per month. According to the present petitioner, the Court below has not appreciated the fact that her husband was a medical doctor by profession and had got substantial income. On the other hand, the petitioner had to maintain not only herself, but, had to bear the education expenses of their only son. In the light of these aspects, the quantum of maintenance was required to be enhanced.

(3.) Learned counsel for the petitioner in his argument, apart from reiterating the contention taken up by the petitioner in the petition, also submitted that the respondent-husband, who is a Post-Graduate Medical Officer, is now working in Reproductive in Child Health Care (RCH) at Government Hospital, Bellary, and is drawing a monthly salary of not less than a sum of Rs.1,30,000/- per month. According to the learned counsel, except himself, the respondent has no other obligation of maintaining or taking care of any other person as dependants. He also produced a salary slip of the respondent for the month of February 2016 and submitted that the same was produced before this Court during the pendency of this petition. The said salary slip shows that the gross salary of the respondent in the month of February 2016 was Rs.72,575/-.