Monika VS Praveen

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

G. S. AHLUWALIA
Monika – Appellant
Versus
Praveen – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Shir Vinay Puranik, Advocate
For the Respondent:Shri Dany Kumar Rathore, Advocate

ORDER

This revision under Section 397/401 of Cr.P.C. read with Section 19(4) of Family Court Act has been filed against the order dated 14.12.2023 passed by IInd Additional Principal Judge Family Court Indore in M.Cr.C. 1049/2018 by which monthly maintenance at the rate Rs.5,000/- has been awarded to the applicant.

2. It is submitted by the counsel for applicant that the applicant and respondent are legally wedded husband and wife. The applicant filed an application under Section 125 of Cr.P.C. for grant of maintenance. By the impugned order, she has been awarded maintenance at the rate of Rs.5,000/- with a rider that the said amount shall be adjusted in case if the applicant is receiving maintenance amount under any other statute. It is further submitted that the respondent was directed to submit his salary slip which he has done and according to the salary slip of the month of July, 2024 his net salary is Rs. 38,373/-. Thus, it is submitted that the monthly maintenance at the rate of Rs.5,000/- per month is on a lower side.

3. Per contra, the revision is vehemently opposed by counsel for respondent. It is submitted that by order dated 13.12.2019 passed by 11st ASJ, Indore, in Cri