1 S.B. CRIMINAL REVISION PETITION NO.783/2006 (Smt. Punjki Vs. Dhula Meena) Date :: 17.05.2007 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Anuj Sahlot, for the petitioner. Mr.Shambhoo Singh, for the respondents. Mr.Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the petitioner and perused the impugned order dated 05th June, 2006 passed by learned Judge, Family Court, Udaipur. The learned Family Court while passing the order dated 05th June, 2006 has allowed maintenance allowance to daughter only and rejected the prayer for maintenance allowance to the petitioner. In this case, it is not disputed that petitioner is wife of respondent Dhula Meena. The learned trial court has come to the conclusion that petitioner is earning person without any cogent evidence and the evidence recorded by the learned trial court with regard to earning of petitioner is without any factual basis and evidence thus, the findings of trial court to the petitioner's earning is erroneous. Hence, the order passed by the learned trial court, denying maintenance allowance to the petitioner (wife) of respondent Dhula Meena is erroneous. Accordingly, the order passed by the learned trial court is 2 modified up to the extent of denying maintenance allowance to the petitioner (wife) and while maintaining the maintenance allowance to daughter, it is ordered that respondent shall pay maintenance allowance of Rs.500/- per month to the petitioner from the date of order passed by Judge Family Court, Udaipur dated 05th June, 2006. It is further directed that the payment shall be made within a period of three months and thereafter, the respondent shall regularly pay maintenance to the petitioner. With these directions, the criminal revision petition is disposed of. [GOPAL KRISHAN VYAS],J. A.K. Chouhan/-