ORAL JUDGMENT

1. By way of the present application, the applicant has requested this Hon’ble Court to modify the impugned order dated 23.02.2018 passed by the learned Family Court, Junagadh in Criminal Misc. Application No. 417 of 2015 and to award at least Rs. 15,000/- per month towards maintenance to the present applicant.

2. It is the case of the applicant that the applicant herein is the original applicant–wife and Respondent No. 2 is the opponent–husband in Misc. Criminal Application No. 417 of 2015 filed before the learned Family Court, Junagadh. By judgment and order dated 23.02.2018, the learned Family Judge partly allowed the said application and awarded maintenance of Rs. 5,000/- per month as against the claim of Rs. 15,000/- per month made by the applicant. Being aggrieved and dissatisfied with the inadequacy of the maintenance so awarded, the applicant has preferred the present petition seeking enhancement of the maintenance amount. It is further the case that the respondent–husband has also challenged the said judgment and order before this Hon’ble Court by filing Criminal Revision Application No. 891 of 2018 along with an application for condonation of delay, which is pending consideration..

3. Learned advocate for the applicant submitted that the impugned judgment and order passed by the learned Family Court is illegal, erroneous, and contrary to the evidence on record, inasmuch as the learned Judge has awarded a meagre amount of Rs. 5,000/- per month as maintenance against the claim of Rs. 15,000/- per month. It is contended that the learned Family Court has failed to properly appreciate that the respondent–husband is employed in a Government department as a Supervisor and is earning a substantial salary, in addition to having significant income from agricultural activities and owning considerable immovable properties, including a residential house and agricultural lands with irrigation facilities. It is further submitted that the respondent has no substantial financial liabilities, particularly towards his parents, and is financially well-off. Despite recording findings regarding the income of the respondent ranging between Rs. 15,000/- to Rs. 20,000/- per month, the learned Family Court, without assigning cogent reasons, has awarded a grossly inadequate amount of maintenance. It is also argued that the applicant is a deserted wife with no independent source of income and, in the present era of rising inflation, the awarded amount is wholly insufficient for her sustenance. Therefore, it is urged that the impugned order be modified and the amount of maintenance be enhanced to Rs. 15,000/- per month.

4. Having heard the learned advocate for the applicant and upon perusal of the material available on record, it appears that the present application is filed seeking enhancement of the amount of maintenance awarded by the learned Family Court.

5. It transpires from the record that the learned Family Court has, after appreciating the oral as well as documentary evidence, assessed the income of the respondent–husband and has awarded maintenance of Rs. 5,000/- per month to the applicant. Though it is contended by the applicant that the respondent is earning substantial income from service as well as from agricultural sources and possesses considerable immovable properties, no cogent and reliable evidence has been placed on record to conclusively establish such higher income so as to warrant interference by this Court.

6. It further appears that the learned Family Court has taken into consideration the overall facts and circumstances of the case, including the income of the respondent, which is assessed at approximately Rs. 15,000/- to Rs. 20,000/- per month, inclusive of agricultural income, though his salary income is only Rs. 11,976/- per month, as well as his liabilities, and has exercised its discretion while determining the quantum of maintenance at Rs. 5,000/- per month. It is also pertinen