ORDER

Both the Criminal Revisions are arising out of the same order and hence both the revisions are being heard and decided with this common order analogously.

1.These criminal revisions have been preferred under Section 19(4) of the Family Courts Act, 1984, r/w S. 397 and 401 of Cr.P.C. by the the Husband and Wife respectively being aggrieved by the order dated 13.10.2023 passed by the learned Principal Judge, Family Court, Ujjain in MJCR No.11/2019 whereby learned Principal Judge allowed the application under Section 125 of Cr.P.C. filed by the wife and the daughter by directing the husband to pay interim maintenance of Rs.18,000/- and Rs.7000/- to the wife and daughter respectively, per month.

2 . Brief facts of the case are that, the wife and daughter filed an application under Section 125 of Cr.P.C. before the Family Court, Ujjain seeking maintenance from the husband. As per her application, Ms.

Sheetal/wife got married with one Deepak Wadiya by Hindu rights and rituals on 07.12.2015. She stayed in her matrimonial house along with her inlaws, wherein her husband and his family members started harassing and torturing her for not fulfilling their demand of dowry. Thereafter a daughter was born out of the wedlock, however, her husband and his family members wanted a boy child therefore, they went to her maternal house, hurled abuses and also assaulted her. Thereafter, she started residing in her maternal house and she filed an application under Section 125 of Cr.P.C seeking Rs.35,000/- as maintenance for herself and her daughter.

3. The aforesaid facts were denied by the husband in his reply to the application by stating that after giving birth to girl child when the matrimonial family went to meet the wife and child they were being assaulted by her parents and they also misbehaved with his family. There are total 8 dependents in the house of the husband and he is the only person responsible for their livelihood and medication. The wife is a B.Sc, B.Ed graduate and well qualified person therefore, she is capable of maintaining herself, hence, counsel prayed for reduction of maintenance amount.

4. Learned trial Court, on due consideration of the evidence adduced by the parties, allowed the application vide the impugned order and awarded monthly maintenance of Rs.18000/- per month to the wife and Rs.7000/- to the daughter from the date of the application. Being aggrieved by the aforesaid judgment parties have preferred these revision petitions.

5. Learned counsel for the husband has pleaded in his argument that the learned Family Court has passed the order only on the basis of applicant's averments, the trial Court did not pay any heed to the evidence available on record. The wife is a working lady and also having degree of B.Sc., B.Ed so she could not be awarded interim maintenance. Learned counsel for the husband has also contended that the amount awarded to the respondents of Rs.25,000/- is on higher side, which can be reduced.

6. In reply, learned counsel for the wife has submitted that since the husband is serving as Executive Engineer in MPGCL, Gandhisagar, Mandsaur and as per document (Ex NA7) filed by him, he is earning around Rs.1,23,470/-

per month. The husband is also earning Rs.15,000/- as extra rental income, therefore, considering all proper perspectives of ongoing expenditures nowadays, the maintenance amount awarded is insufficient and hence the same needs to be enhanced.

7. During the course of arguments, learned counsel for both the parties agreed that as per law laid down by Hon'ble Apex Court in the case of Kalyan Dey Chowdhary Vs. Rita Dey Chowdhary Nee Nandy (AIR 2017 SC 2383) , it is a well settled position of law that a wife can get 25% from her husband's salary as maintenance. In the case at hand, the husband is earning approximately Rs.1,20,000/- per month. It is also contended that the husband has the liability of his father and mother, therefore, the amount awarded by the trial