Advocates:
['SANDEEP SHARMA', 'P P', '', 'HARENDRA SINGH SINSINWAR']

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Revision No. 388/2016.

Smt Manju Mali wife of Bhagwan, Daughter of Heera

Lal,aged about32 years, by caste Mali, resident of Kalp

Niwas, Babu Nagar, Dhamun Road Kherda, Police

Station Mantown, District Sawai Madhopur.

Versus

1. Bhagwan Mali Son ofLate Shri Nand KishoreMali,

aged about 36 years, profession service,

2. Smt. Bhanwari Devi, Wife of Late Shri NaND

Kishore Mali, both are by caste Mali, resident of Kalp

Niwas, Bapu Nagar, Dhamun Road, Police Station

Mantown, District Sawai Madhopur, at present Gurjar

Mohalla, City Sawai Madhopur.

For Petitioner(s)

: Shri Sandeep Sharma

For Respondent(s)

: Shri Mukesh Saini

HON'BLE MRS. JUSTICE SABINA

Judgment / Order

16/2/2018

Petitioner has filed this petition seeking enhancement

of amount of maintenance granted by the courts below.

Learned counsel for the petitioner has submitted that

the petitioner got married to respondent No.1 on 18.6.1999.

However, petitioner was treated with cruelty by the

respondents and was thrown out of the matrimonial home.

Petitioner moved an application under Section 12 of the

Domestic Violence Act, 2005 (hereinafter referred to as ‘Act’)

and the Trial Court has granted Rs. 4,500/- per month as

maintenance (Rs. 3,000/- by way of maintenance and Rs.

1,500/- by way of rent for accommodation) to the petitioner.

The said amount was on lower side as respondent No.1 is

working as a clerk in Education Department and is getting

gross salary of Rs. 36,190/-.

Learned counsel for the respondent has opposed the

petition.

Case was sent to Mediation and Conciliation Center,

however, efforts regarding amicable settlement had failed.

As per the salary certificate of respondent No.1 placed

on record, gross salary of respondent No.1 on 2.11.2016 was

Rs. 36,190/-. After deductions, respondent No.1 had received

net salary of Rs. 29,670/-. Keeping in view the salary

certificate of respondent No.1, the amount of maintenance

liable to be paid to the petitioner requires enhancement.

Accordingly, this petition is allowed. The amount of

maintenance liable to be paid to the petitioner is enhanced

from Rs. 3,000/- to Rs. 5,000/- and the amount liable to paid

by the respondent No.1 towards rent for accommodation is

enhanced from Rs.1,500/- to Rs. 2,000/-.

(SABINA)J.

Mrg./43