1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No. 13-DB of 2010 (O&M) DATE OF DECISION: 15.3.2010 *** Shakti Rani .. Appellant VS. Jai Parkash .. Respondent CORAM: HON'BLE MR. JUSTICE MEHTAB S. GILL. HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. T.C. Dhanwal, Advocate for the appellant. Mr. Pankaj Maini, Advocate for the respondent. *** ARVIND KUMAR, J. Delay condoned, for the reasons mentioned in the application. In the year 1995, respondent was directed to pay Rs.250/- per month as maintenance to respondent, the divorced wife. In a proceedings under Section 127 Cr.P.C., the Presiding Judge, Family Court vide order dated 19.10.2009 enhanced the maintenance amount to Rs.1600/- per month and directed the respondent to pay the same from the date of order. Still dis- satisfied, the petitioner has filed the instant appeal, impugning the order dated 19.10.2009. Heard. The petitioner is about 61 years of age whereas the respondent, has retired from the service. It has proved on record that after retirement, he is getting pension amounting to Rs.6000/- per month only. There is no dispute that there should be parity between the income and status of the husband with the amount of maintenance awarded to the wife for her survival, had she been living in the company of the former, but at the same time the age and liabilities of the respondent cannot be ignored, who, after 2 the divorce from the petitioner had remarried and is having a wife and two sons to maintain as well. The plea of the petitioner that the respondent is having rental income has not been substantiated by leading any evidence and thus, was not taken into consideration by the Court below. The evidence on record has rightly been appreciated by the learned Court below while enhancing the maintenance amount to Rs.1600/-, which cannot be said to be on a lower side. There is no illegality of perversity in the impugned order. The appeal is without any merit and is accordingly dismissed. (MEHTAB S. GILL) (ARVIND KUMAR) JUDGE JUDGE March 15,2010 Jiten