The determination of maintenance amount under Section 125 Cr. P. C. depends on the financial capacity of the husband, the standard of living of the wife, and the statutory guidance provided by the Hindu Marriage Act, 1955.

JUDGMENT

Chandra Dhari Singh, J. - This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") has been filed against the impugned order/judgment dated 28th February 2017, passed by Principle Judge, Family Courts, Rohini, Delhi in MT No. 42/2016 titled as Mala Vs. Sunil Sagar, for enhancement of maintenance amount from Rs.8000/- (Rupees Eight Thousand Only) per month to Rs. 1,00,000/-(Rupees One Lakh only) per month.

2. Brief facts as transpired from the record are as follows:

i. The marriage of the revisionist and the respondent was solemnized on 24th March 2013, according to Buddhist Rites Ritual at Trilok Bhawan, Shalimar Bagh, Delhi. On 20th May 2013, the revisionist left matrimonial house due to allegedly cruelties and atrocities committed by respondent and his family members. On 21st May 2013, the revisionist lodged the complaint which was registered as FIR bearing No. 315/2013 under Sections 498A/406/323/506/342/509/34 of Indian Penal Code, 1860 (in short "IPC") with Police Station Mehrauli, New Delhi. The respondent was arrested in the said case and thereafter the respondent moved an application for grant of bail in the Court of learned Metropolitan Magistrate, Family Court, Saket, New Delhi. The said bail application was dismissed.

ii. Thereafter, the respondent moved an application before the learned Additional Session Judge, Saket, New Delhi, which granted interim bail to the respondent for a period of two months. Thereafter, the matter was referred to Mediation Centre, Family Court, Saket, New Delhi and the revisionist and respondent were directed to appear before the Mediation Centre on 1st June 2013,. The revisionist along with her mother Smt. Vimla Devi, brothers namely Mahender and Gyanender and cousin sisters went to attend the Mediation Centre proceedings in Saket Court, New Delhi on 29th June 2013. It is alleged that during the mediation proceeding the respondent and his family members had misbehaved with the revisionist and her family members and also given threat to face the consequences. The revisionist sent written complaint to Police Station Saket, Commissioner of Police, New Delhi, Honble High Court and other forums.

iii. Upon the incident which had taken place in the Mediation Centre, Saket, New Delhi, Ld. Additional Chief Metropolitan Magistrate, Saket, directed to register a case and therefore, FIR bearing No. 354/2013 dated 05.09.2013 under Section 323/325/401/406/509/34 IPC was registered in Police Station Saket, New Delhi against the respondent and his family members.

iv. The revisionist filed a petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 against the respondent and his family members which is pending in the Court of learned Metropolitan Magistrate, Saket Court, New Delhi.

v. On 22nd January 2014, the revisionist filed a petition under Section 125 Cr. P. C. seeking maintenance in MT No.42/2016 and claimed maintenance at the rate of Rs. 1,00,000/- (Rupees One Lakh Only) per month from the date of filing of the application under Section 125 Cr. P. C. along with litigation expenses of Rs. 40,000/- (Rupees Forty Thousand only). The respondent had filed a reply to the application u/s 125 Cr. P. C. filed by the revisionist in the month of May, 2016. The respondent had also filed the affidavit of his income/assets before the Court below along with the details of the income and bank statements.

vi. After recording the evidence in the matter and after hearing both the sides, the Principle Judge, Family Court, Rohini disposed of the application under Section 125 Cr. P. C. and directed the respondent to pay Rs. 8,000/- (Rupees Eight Thousand Only) per month w.e.f. filing of petition, i.e., 22nd January 2014 along with the litigation expenses of Rs.11,000/-(Rupees Eleven Thousand Only) and clear the dues/arrears within 12 months.

vii. Being aggrieved by the JUDGMENT dated 28th February 2017, passed by Principle Judge