JUDGMENT :

SANDEEP SHARMA, J.

Cr.MP(M) No.433 of 2020

1. For the reasons set out in the application, delay of 103 days in filing the revision petition, which in my considered view has been sufficiently explained, is condoned. Application stands disposed of. Petition be registered

Cr. Revision No._62 of 2021

2. By way of instant criminal revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, challenge has been laid to order dated 6.7.2019 passed by learned Sessions Judge (Family Court), Mandi, District Mandi, H.P., in petition No.111/19/2018, titled as Shyama Devi versus Sat Pal Singh, whereby learned Court below while allowing the prayer made on behalf of the petitioner under Section 127 Cr.P.C., for enhancement of maintenance amount awarded under Section 125 Cr.P.C., enhanced the amount of maintenance from Rs. 2500/- to Rs.6000/-.

3. Mr. Devender K. Sharma, Advocate has put in appearance on behalf of the respondent.

4. Vide order dated 16.6.2010 passed by learned Chief Judicial Magistrate, Mandi, a sum of Rs. 2500/- came to be awarded in favour of the petitioner on account of maintenance under Section 125 Cr.P.C. Since aforesaid order of maintenance under section 125 Cr.P.C was passed by learned Chief Judicial Magistrate, Mandi, in the year, 2010 taking into consideration the income of the respondent at that relevant time, petitioner filed an application under Section 127 Cr.P.C., in the Court of learned Sessions Judge (Family Court) Mandi, H.P., praying therein for enchantment of maintenance on the ground that in last nine years salary of the respondent has doubled and on account of hike in prices, she is unable to meet her day to day expenses in the sum of Rs. 2500/- awarded in her favour on account of maintenance under Section 125 Cr.P.C. Petitioner in her application for enhancement averred that in the year, 2010 respondent was getting salary of Rs. 12000/- per month, but now since same has been increased substantially and respondent earns sum of Rs. 45000/ -per month from own sources, she may be awarded maintenance to the tune of Rs.15,000/- per month. She claimed before the court below that she has no source of income and has no movable or immovable property and as such, is compelled to survive on the meager amount of maintenance i.e. Rs.2500/- per month awarded by learned Chief Judicial Magistrate under Section 125 Cr.P.C. She submitted before the court below that on account of various ailments suffered by her, she is compelled to spend huge amount on medical treatment and as such, maintenance of Rs. 2500/- awarded by the court below may be enhanced to Rs. 15000/- per month.

5. Respondent while refuting the aforesaid claim of the petitioner pleaded before the court below that he is not getting more than Rs.30,000/- per month and his monthly salary is only Rs. 16,000/- per month. He submitted before the court below that apart from petitioner, he is also liable to take care of her old parents as well as college going children. Respondent specifically denied that he has landed property and jersey cows.

6. Petitioner with a view to prove her case examined herself as well as one witness namely, Jagdish Guleria. While deposing before the court below petitioner claimed that at the time of awarding maintenance to the tune of Rs.2500/- per month, respondent was getting salary of Rs. 12000/- per month. She stated that now respondent is getting salary of Rs. 30,000/- per month. She stated that she remains ill and as such, it is difficult for her to maintain herself in the sum of Rs.2500/- awarded in her favour under Section 125 Cr.P.C.

7. Respondent Sat Pal Singh while examining himself as RW-1 deposed that he is getting salary of Rs. 16,850/- as per certificate Ex.PW1/A, whereas court below after having perused the salary certificate Ex.PW1/A placed on record has categorically recorded that for the month of April, 2015 respondent has received gross salary of Rs. 24282/-. Similarly, latest salary certific