The main legal point established in the judgment is the husband's legal and moral duty to maintain his wife according to his means and capacity, as well as the entitlement of the wife to maintenance equal to the status and stature of her husband.

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 unemployed and unable to maintain herself, and that the salary of respondent had increased manifold over the years 2005-06, 2006-07 and 2007-08. She had stated that respondent had not paid her any amount and despite having sufficient means, had refused and neglected to maintain her. It was also the case of petitioner that respondent had no other liability but to maintain himself and her according to his status. She had also stated that respondent was a government employee, working in NDMC Palika Kendra, Sansad Marg and his monthly salary was Rs.37,549/- as per his salary slip for the month of November, 2015. The petitioner had prayed for grant of Rs.25,000/- per month as maintenance and Rs.55,000/- as litigation expenses by way of her application under Section 127 of Cr.P.C. for enhancement of maintenance before the learned Family Court.

3. In reply to the application filed by the petitioner before the learned Family Court, the respondent had stated that petitioner had left the matrimonial home out of her own free will and without any reason. He also stated that the petitioner had concealed her income that she was earning by housekeeping work. He also stated that he had been getting only about Rs.20,000/- as salary after reasonable deductions and that he was regularly paying Rs.400/- per month as per order dated 31.08.1999 passed by learned Metropolitan Magistrate, Patiala House Court, Delhi. He also pleaded that he had on many occasions deposited handsome amount in the bank account of the petitioner. It was stated that he was working as a labourer and therefore, petition was prayed to be dismissed.

4. After considering and examining the case of both the parties, learned Family Court passed the order dated 05.05.2018 which has been impugned before this Court. The operative portion of the said order reads as under:

"13. In the present case, the petitioner in her detailed income, assets and expenditure affidavit stated that her date of marriage as year 1985 and date of separation as year 1998. She has shown her educational, professional qualification and occupation as Nil. She has also shown her monthly income as Nil. In para No. 28 of part-II of her affidavit she has mentioned Rs.50,000/- pm approximately as income of her spouse. In part-V of her affidavit, she has mentioned household expenditure as Rs.25000/- and Rs.500/- pm on telephone/mobile. In Part-VIII of her income affidavit, she has mentioned expenditure ordinarily incurred on family functions including birthday of the children as Rs.1000/-, expenditure ordinarily incurred on festivals as Rs.2000/- and expenditure incurred on marriage of family members as Rs.1000/-.

14. The respondent in his detailed income, assets and expenditure affidavit stated his date of marriage in the year 1982-83 and date o