Shakuntala v. Shivji : 2014 (9) RCR (Cri) 817 : 2013 (204) DLT 10(CN) : 2013 (7) LRC 217(Del)
Section 125---Maintenance---Prayer for enhancement Grievance of petitioner/wife that maintenance @ Rs. 3,000/- per month awarded to wife is on lower side and she is entitled to much more amount---No material placed on record by wife that salary of respondent/husband is much more or that father of respondent is not dependent upon him---Even salary certificate on record shows lesser income---Family Court has taken income of husband as Rs. 14,000/- p.m. as was the case of petitioner/wife before Family Court---Nothing placed on record to substantiate that salary of husband is more than Rs. 14,000/- p.m. or that apart from salary he has any other income as is alleged---Findings given in impugned order by Family court are based on evidence on record---No illegality in impugned order---Petition dismissed.
Held : The grievance of the petitioner/wife is that maintenance @ `3,000/- per month awarded to the petitioner/wife is on lower side and the petitioner/wife is entitled to much more amount.
No material is placed on record by the petitioner/wife that the salary of the respondent/husband is much more or that the father of respondent is not dependent upon him. Even the salary certificate on record Ex.PW1/1 shows lesser income. However, learned Judge, Family Court has taken income of husband as `14,000/- p.m. as was the case of petitioner before the Family Court. Even before this court nothing is placed on record to substantiate that salary of husband is more than `14,000/- p.m. or that apart from salary he has any other income as is alleged. The relevant finding of learned Judge, Family Court is as under:-
"24. As regards means and income of the respondent, as per the case of the petitioner, respondent is working in Railways and getting a gross salary of about Rs.14,000/- per month. The petitioner has proved the salary of the respondent by way of salary slip which is Ex.PW-1/1 which shows the gross salary of the respondent for the month of January-February, 2009 as Rs.10,314/-. No question in the cross-examination has been asked from the petitioner in this regard."
The findings given in impugned order by the learned Judge, Family Court are based on evidence on record. No illegality is seen in the same which calls for interference of this court in exercise of its revisional jurisdiction.