The court emphasized the importance of considering only mandatory deductions and compulsory contributions while determining the amount of maintenance, ensuring that the wife can live in reasonable comfort and does not feel handicapped in the prosecution of her case.

JUDGMENT

Swarana Kanta Sharma, J. The present revision petition under Section 397 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner praying for modification of the order dated 20.01.2018 passed by learned Principal Judge, Family Court, Shahdara, Karkardooma Courts, Delhi in CC No. 459/2014 by enhancing the amount of maintenance awarded to the petitioner under Section 125 Cr.P.C.

2. Brief facts of the case, as disclosed in the petition, are that the petitioner herein and the respondent had got married to each other on 11.12.2010 and all the marriage expenses were borne by the brother and mother of petitioner. The petitioner had alleged that after 34 days of marriage, respondent had taken away all her jewellery articles and the petitioner had been directed to take over the responsibility of the kitchen and ensure that the food was served to all the family members in their respective rooms. Thereafter, the petitioner had detailed out several instances of the year 2011 when she was mentally or physically harassed for one reason or the other, including for the purpose of bringing more dowry. The last such incident, as alleged, is of 20.11.2011 where the petitioner was subjected to demand of dowry and was thereafter abused and beaten, as a result of which she had become semi-conscious and could regain consciousness only on the next day. Thereafter, she had made a call to her brother who had come to her matrimonial home and had called the PCR and the petitioner had been taken to hospital on 21.11.2011, and since then, the petitioner has been living in her parental house.

3. Denying all these allegations before the learned Family Court, the respondent had stated that the entire allegations levelled by the petitioner were false and that she had herself left the matrimonial home without there being any demand of dowry or cruelty committed by the respondent or his family members. Thereafter, both the parties had led their evidence before the learned Family Court and the Court had concluded that from the evidence so adduced, it stood established that the petitioner had some differences with the respondent and his family members and there existed marital discord between both of them, as a result of which she had left her matrimonial home and thus, the petitioner being legally wedded wife of respondent was held entitled to claim maintenance. The learned Family Court had then calculated the amount of maintenance to be awarded to the petitioner and after perusing the material placed on record, evidence adduced before it, the salary slip of the respondent, etc., the Court had arrived at a conclusion that the petitioner was entitled to maintenance of Rs.9,000/- per month from the date of filing of the petition under Section 125 Cr.P.C. till 31.06.2017 and with the implementation of 7th Pay Commission due to which the salary of respondent would have increased, the petitioner was held entitled to maintenance of Rs.15,000/- per month from 01.07.2017 onwards.

4. By way of present petition, it is submitted on behalf of petitioner that the learned Family Court has passed the impugned order on assumptions and presumptions by ignoring the real income of respondent which was more than Rs.1,00,000/- per month i.e. gross salary of Rs.78,000/- and in addition to that Rs.17,000/- as value of government quarter which petitioner was going to surrender and about Rs.6,500/- as tax free interest on General Provident Fund (GPF). It is also stated that the respondent was drawing a salary of Rs.45,000/- per month at the time of filing the petition. It is further stated that the learned Family Court also wrongly came to the conclusion that 7th Pay Commission was implemented with effect from 01.07.2017 whereas the same had been implemented with effect from 01.01.2016. It is also stated that there are certain mandatory deductions which an employee is required to make and there are certain deductions which employee chooses vol