ORAL ORDER

1. By way of present application, applicant has prayed to quash and set aside the impugned judgment and order dated 18.3.2021 passed by the learned Principal Judge, Family Court, Junagadh in Criminal Misc. Application No. 285 of 2018 and be pleased to allow the application below Exh. 1 as prayed for in Criminal Misc. Application No. 285 of 2018 pending before the learned Principal Judge, Family Court, Junagadh and thereby, enhance maintenance amount in favour of the present applicant.

2. The brief facts leading to the present case are as under:-

2.1 That, the marriage between the applicant and the respondent No.1 was solemnized on 10.7.2016 at Junagadh. That, applicant filed an application under Section 125 of the Code of Criminal Procedure being Criminal Misc. Application No. 285 of 2018 before the learned Family Court, Junagadh. That, the applicant along with main application preferred an interim application below Exh. 7. The said application came to be decided on 20.12.2018 by the learned Principal Judge, Family Court, Junagadh, wherein, husband was directed to pay Rs.4,000/- p.m. towards the interim maintenance to the applicant-wife from the date of filing of the application till final disposal of the main application. That, after the examination-in-chief on oath vide Exh. 36 as well as cross-examination of original respondent, the original applicant-present applicant submitted an application below Exh.41 for reopening of evidence. The said application came to be rejected on 21.1.2021. That, after recording the evidence and considering the documents which are on record and after hearing the parties, learned Principal Judge, Family Court, Junagadh partly allowed the maintenance application of the applicant preferred u/s. 125 of Cr.P.C and thereby, opponent - husband was directed to pay Rs.5,000/- per month to the applicant- wife towards maintenance with effect from the date of filing of the application.

3. Being aggrieved and dissatisfied by the impugned judgment and order dated 18.3.2021 passed by the learned Principal Judge, Family Court, Junagadh in Criminal Misc. Application No. 285 of 2018, the applicant has preferred this Criminal Revision Application for enhancement of maintenance amount.

4. Heard learned advocates for the respective parties.

5. Learned advocate for the applicant submits that the impugned judgment and order is illegal, erroneous, bad and contrary to law . That, from the record, it comes out that present applicant is ready and willing to live with the opponent but, the opponent is not ready to accept her. That, as per the evidence of the applicant below Exh.15, the applicant said that she does not have any source of income to maintain herself, while the opponent is highly educated person. The opponent is serving as an executive in prestigious Lodha Group Company at Mumbai and getting salary of Rs.1,50,000/-. That, father of the opponent is doing business of brokerage of land and building and also doing work of sheet cutting in big mall and also having engineering workshop and thereby earning Rs.1,00,000/-

per month. Therefore, the opponent does not have any other liability of maintenance except the applicant. That, in all the opponent’s monthly average income is about more than 2,50,000/- and joint family income of the the opponent is Rs.4,00,000/- per month. Therefore, the applicant being wife of the opponent entitled to live the life according to the status of the opponent. That, on assumption and presumption the learned Judge presumed and made observation at page 31 of the impugned judgment that “I am of the view that the applicant is having some source of income, but her income, if any, cannot be believed as sufficient for maintenance of herself”. Such observation without any evidence is unjust, unwarranted and illegal deserves to be quashed and set aside. That, in maintenance proceedings adverse inference can be drawn against the husband if he does not produce documentary evidence with rega