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2023 Supreme(Del) 1636

SWARANA KANTA SHARMA
Marryamma @ Maryamal – Appellant
Versus
Mani – Respondent


Advocates appeared:
Ms. Shweta Patel, Advocate, for the Petitioner.
None, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J. By way of present petition filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the petitioner assails the order dated 05.05.2018 passed by learned Principal Judge, Family Court, Patiala House Court, New Delhi (`Family Court') in M.No.101/2016, whereby the amount of maintenance was enhanced and the respondent was directed to pay a sum of Rs.5,000/- per month as maintenance to the petitioner.

2. The relevant facts, leading to the filing of present petition are that the marriage between the parties was solemnized in the year 1985. After differences having arisen between the parties, the petitioner had filed a petition for grant of maintenance under Section 125 of Cr.P.C. and vide order dated 31.08.1999, the respondent had been directed to pay a sum of Rs.400/- per month to the petitioner and Rs.300/- each to the three children born from the wedlock. The income of the respondent at the relevant time in the year 1999 had been assessed as Rs.3,000/- per month. The petitioner, in the year 2016, had preferred a petition under Section 127 Cr.P.C. before the learned Family Court on the ground that she was unempl

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