R. Desingurajan vs R. Vimala

T. Sudanthiram, J.—The revision petitioner herein is the husband of the respondent. Originally the respondent filed an application u/s 125

Cr.P.C before the learned Magistrate. In the said proceedings, the maintenance amount of Rs. 450/- was ordered to be paid to the respondent.

On 17.11.2003, the respondent herein filed an application u/s 127 Cr.P.C, for the enhancement of maintenance amount for a sum of Rs. 2500/-

per month. After enquiry, the learned Magistrate passed an order directing the petitioner herein to pay enhanced maintenance amount of Rs.

1500/- per month from the date of petition to the date of the order and thereafter to pay a sum of Rs. 2500/- per month as maintenance amount to

the respondent. Aggrieved by the said order passed by the learned Magistrate, the petitioner herein has preferred this criminal revision petition.

The learned Counsel for the petitioner submitted that the respondent herein was residing with her mother and her father was owning a house and

a tea estate and from that property, the respondent''s family is getting an income of Rs. 5000/- per month and the learned Magistrate has not taken

into account the said income while enhancing the maintenance amount. The learned Counsel for the petitioner further submitted that though the

salary of the petitioner is Rs. 11,180/-, his basic pay is only Rs. 4,100/- and the petitioner is residing with his mother. The learned Counsel for the

petitioner also submitted that the maintenance amount enhanced is very high.

The learned Counsel for the respondent submitted that the respondent has no independent income and including the respondent, there are five

ladies in the family, and in the present cost of living, the maintenance amount of Rs. 2500/- awarded by the Magistrate is only reasonable.

This Court considered the submission made by both parties and perused the records. It appears from the evidence that both the families have

got some tea estate and the petitioner''s mother is owning that estate. The respondent herein also could not deny the suggestion putforth by the

petitioner that the properties were in the name of the respondent''s father and after his demise, those properties have been inherited to the

respondent and other family members and they are getting monthly income of Rs. 5000/-. Even if the monthly income from those properties is Rs.

5000/-, as there are five ladies, the respondent would be getting only Rs. 1000/- per month. At the same time, this Court feels that considering the

cost of living of the present days, at least the maintenance amount of Rs. 2000/- per month should be given to the respondent by the petitioner.

In the result, this Court confirms the order passed by the learned Magistrate with regard to the payment of Rs. 1500/- per month maintenance

amount from the date of petition to the date of order passed by the learned Magistrate, and thereafter, the petitioner has to pay a sum of Rs.

2000/- per month as maintenance amount to the respondent herein.

With the above modification, the order passed by the learned Magistrate, this revision petition is partly allowed. Consequently, M.P. No. 1 of

2009 is closed.