MOHD. YASIN vs SMT. HAMIDA BAGAM

This revision has been preferred by the Applicant/husband against the order dated 26.9.2017 passed in Case No.137 of 2017 by the 1st Additional

Principal Judge, Family Court, Raipur by which the application under Section 127 of the Code of Criminal Procedure preferred by the

Respondent/wife has been allowed and the amount of maintenance of Rs.1,000/- is enhanced to Rs.7,000/-.

The Respondent/wife filed an application under Section 125 of the Code of Criminal Procedure for grant of maintenance which was allowed in the

year 2010 and maintenance of Rs.1,000/- per month was granted in favour of the wife. Thereafter, on 25.2.2017, the Respondent/wife moved an

application under Section 127 of the Code of Criminal Procedure for enhancement of the amount of maintenance on the grounds that inflation has

become high in the last 5-7 years, she remains ill and she has to pay a sum of Rs.2,000/- per month as rent for the house in which she resides. The

Applicant/husband opposed the application. After recording evidence of both the parties, the Family Court allowed the 2 application of the

Respondent/wife and vide the impugned order, enhanced the amount of maintenance from Rs.1,000/- to Rs.7,000/-. Hence, this revision by the

Applicant/husband.

Learned Counsel appearing for the Applicant/husband submits that in the year 2010, maintenance of Rs.1,000/- per month was granted in favour of

the Respondent/wife. 7 years thereafter, it has been enhanced 7 times to Rs.7,000/-, which is excessive. It is further submitted that the

Applicant/husband has turned to old age and is, therefore, unable to do any work. He is also a patient of heart disease. He lives in a rented

accommodation. Therefore, the impugned order enhancing the maintenance may be rejected.

Per contra, Learned Counsel appearing for the Respondent/wife supported the impugned order.

I have heard Learned Counsel appearing for the parties and perused the record with due care.

It is admitted by the Applicant/husband that in the year 2010, he was earning daily about Rs.160â€"170. Though as per the contentions raised he

remains ill and lives in a rented accommodation, he has not filed any document to show his illness nor has he filed any document to show that he lives

in a rented accommodation. Similarly, the Respondent/wife has also not filed any document to show that she resides in a rented accommodation and

pays rent. The Respondent/wife has also admitted that she lives with her married son.

Taking into consideration the evidence adduced by the parties, their financial status and earning capacity of the

Applicant/husband, 7 times enhancement in the maintenance is not just and proper. Therefore, the impugned order is modified and the amount of

maintenance is enhanced from Rs.1,000/- to Rs.3,000/only. This enhancement shall come into force with effect from today only.

In the result, 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 forthwith.