KALYAN DAS BANJARE vs SMT. GONDA BAI

The revision is listed for hearing on admission. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

This revision has been preferred against the order dated 23.8.2017 passed by the 1st Additional Principal Judge, Family Court, Raipur in M.J.C.

No.29 of 2016, whereby the amount of monthly maintenance has been enhanced from Rs.3,000/- to Rs.15,000/-payable by the Applicant/husband.

Earlier, while allowing the application under Section 125 of the Code of Criminal Procedure submitted by the Respondent/wife, Rs.2,500/- per

month was granted as maintenance in favour of the Respondent/wife. On 19.8.2008, the Respondent/wife filed an application under Section 127 of the

Code of Criminal Procedure for enhancement of the amount of maintenance and the same was enhanced by Rs.500/-, i.e., to total Rs.3,000/- per

month. On 11.1.2016, the Respondent/wife again filed an application under Section 127 of the Code of Criminal Procedure for enhancement of the

amount of maintenance on the ground that the Applicant/husband is a Line Inspector in Electricity Department and a substantial enhancement has

taken place in his salary. She remains ill and is unable to do any work and inflation has also been high. The application has been allowed by the Family

Court vide the impugned order dated 23.8.2017. Hence, this revision.

It is argued by Shri Sanjay Agrawal, Learned Counsel appearing for the Applicant/husband that earlier also in the year 2009, maintenance was

enhanced by Rs.500/-. Though the Applicant/husband is, after deductions, getting Rs.70,000/- per month yet he is suffering from heart disease and he

has been paralysed on left side of his body. It is further submitted that the Applicant/husband is going to retire soon. In these circumstances,

enhancement in the maintenance by 5 times of the present amount is not proper.

Shri B.L. Sahu, Learned Counsel appearing for the Respondent/wife submits that the Respondent/wife has attained old age, she is unable to do any

work and remains ill and the inflation has also been high. Therefore, the enhancement sought by the Respondent/wife is proper.

I have heard Learned Counsel appearing for the parties and perused the record minutely.

Considering the facts and circumstances of the case, the submissions put-forth on behalf of the parties and also considering that though the

Applicant/husband is getting salary near about Rs.70,000/- per month yet he is suffering from heart disease, left side of his body has been paralysed

and he is going to retire soon in the near future and in a difference of only 8 years, enhancement by 5 times in the amount of maintenance does not

appear to be proper. Looking to the social status of the parties, income of the Applicant/husband and his other obligations, enhancement in the amount

of maintenance to total Rs.10,000/- per month is just and proper. The Respondent/wife shall be entitled to get total maintenance of Rs.10,000/- per

month from the Applicant/husband with effect from today. Ordered accordingly.

Resultantly, the revision is allowed in part to the extent indicated above.

Record of the Court below be sent back along with a copy of this order.