reducing the maintenance amount

Court No. – 17
Case :- CRIMINAL REVISION No. – 364 of 2011
Revisionist :- Smt. Anju Pandey
Opposite Party :- State Of U.P. & Ors.
Counsel for Revisionist :- Arun Kumar Pandey,I M Pandey
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Zaki Ullah Khan,J.
Heard learned counsel for the revisionist, learned A.G.A. and perused the
relevant record.
The instant revision has been preferred against the order of the Additional
Sessions Judge, Court No.3, Faizabad dated 13.7.2011 passed in Criminal
Appeal No.78 of 2011 reducing the maintenance amount from Rs.3000/- to
Rs.2000/-.
The facts are that the trial court on application under section 12 of Protection
of Woman from Domestic Violence Act granted Rs.3000/- as maintenance but
on appeal the appellate court reduced the maintenance amount to Rs.2000/- on
the ground that income of the appellant has not been proved in accordance
with provisions of the Act. He is getting Rs.5000/- as salary and out of
which, Rs.2000/- has been granted as maintenance. Although there are some
agricultural land in his name but the income has not been shown from the
agriculture land. Since no other income has been clubbed, therefore, out of
Rs.5000/- Rs.2000/- is sufficient for maintenance.
Learned counsel for the revisionist assailed this judgment on the ground that
the judgement is perversed on the face of record. As far as, facts are
concerned, the revisional court cannot interfere in the factual finding, it was
the duty of the revisionist to satisfy as to jurisdictional error or any error
manifest on the face on record. The fact is that the income has not been
clubbed, it is matter of fact.
I have gone through the record. There is a provision under section 125
Cr.P.C. that after lapse of time and due to change circumstances, the
revisionist may pray before the learned trial court that maintenance be
increased on the ground of change circumstances and additional income, that
option is open to the revisionist because all this maintenance has been
adjusted on the basis of income for the year 2006-2007. Now after lapse of
seven years there must have been increased in the income, therefore, new
cause of action accrues to the revisionist. The revisionist may very well
approach before the trial court for enhancing the amount of maintenance. The
revisionist has a right to approach Domestic Violence Court as well for
enhancing the maintenance alimony on the ground of change of circumstances
and the Domestic Violence Court shall dispose of the application in
accordance with rules taking into account the changed circumstances.
As far as, revision is concerned, no error on the face of record on jurisdiction
error has been pointed out, therefore, the revision fails and revision is
disposed of in the light of above observations.
Order Date :- 17.7.2013

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