The High Court enhanced the maintenance amount granted to the wife and minor daughter from earlier figures to Rs.15,000 per month each, directing payment from the date of the application based on the respondent's increased income.
Respondent directed to pay Rs.15,000 per month each to the petitioners from the date of application.
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Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 8405 of 2009
Petitioner :- Smt. Sharda Goyal & Another Respondent :- State Of U.P. & Another Counsel for Petitioner :- Gyanendra Kumar Singh,C.K.Bharadwaj,Rahul Chaturvedi Counsel for Respondent :- Govt. Advocate,Shiv Autar Sharma
Hon'ble Siddharth,J.
List has been revised.
Learned A.G.A. is present on behalf of opposite party No.1. None appears on behalf of opposite party No.2.
Heard learned counsel for the petitioners.
This writ petition has been filed by the petitioners praying for enhancement of the amount of maintenance granted to the petitioner Nos.1 & 2 by the courts below by modification to their orders.
Learned Magistrate has awarded amount of Rs.4,000/- to the petitioner No.1 and Rs.3,000/- to the minor daughter of the petitioner No.1 and respondent No.2. In the revision No.194 of 2007, preferred by the petitioners, amount of the maintenance was not enhanced, but the order of the trial court was modified to the effect that the amount of maintenance shall be paid from the date of application while the trial court has directed the payment of the aforesaid amount from the date of passing of the order.
Before the revisional court evidence was led by the petitioner that the income of the respondent No.2 exceeds Rs.1,00,000/- at that point of time i.e. in the year 2001. At present, income of the respondent No.2 must have considerably increased.
Marriage of the petitioner No.1 took place with respondent No.2 in the year 2001, therefore, daughter of the parties, petitioner No.2, is still minor.
Respondent No.2 is represented by Shri Shiv Autar Sharma, but no counter affidavit has been filed in this petition.
Considering the fact that the income of respondent No.2 was above Rs.1,00,000/- in the year 2001, respondent No.2 is directed to make payment of Rs.15,000/- per month each to the petitioner Nos.1 and 2 from the date of application.
This writ petition is allowed.
No order as to costs.
Order Date :- 2.8.2018 T. Sinha
2 issues framed by the court
Whether the maintenance amount granted to the petitioners should be enhanced given the respondent's higher income.
From which date should the enhanced maintenance amount be payable.
Smt. Sharda Goyal
Another petitioner
State Of U.P.
Another respondent
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
