Xavier Ekka vs Vinita Minj

Heard on IA No.1 of 2022, application for condonation of delay.

On due consideration, the application is allowed and the delay in filing the Revision is condoned.

The petitioner is challenging the order dated 4th March, 2021 passed by the Family Court, Kabirdham, in Misc. Criminal Case No.302/2019 whereby the learned family Court has increased the amount of maintenance from Rs.4,000/- as awarded by the family Court, Kabirdham in Misc. Criminal Case No.640/2015, vide order dated 30.3.2016, to Rs.7500/-.

Learned counsel for the petitioner would submit that the parties belong to a Christian community and the respondent wife has not proved that she is the legally wedded wife of the petitioner in the proceeding under Section 125 of the CrPC. He further submits that the respondent wife is an educated person and is healthy woman. She is able to maintain herself. Therefore, in an erroneous manner, double the amount of maintenance has been fixed. So learned counsel lastly submits that the amount of maintenance be reduced suitably.

In the proceeding in Misc. Criminal Case No.640/2015, vide order dated 30th March, 2016, the family Court, Kabirdham on finding the proof of satisfactory evidence that the present petitioner being a husband is neglecting the maintenance for the respondent wife, who is unable to maintain herself, awarded maintenance to the tune of Rs.4,000/- per month. In the said order, at para-8, it has been specifically mentioned that as per the pay slip of October, 2015, the salary of the petitioner-husband was Rs.13,105/-. The respondent wife has filed an application for revision of maintenance, which has been ordered by the impugned order after 5 years. In the present matter, the pay slip of the petitioner has been filed which denotes the net salary of the petitioner as Rs.37,128/-, which is recorded at para-7 of the impugned order.

Considering the income which has substantially been increased and further considering all the financial aspects of the parties, this Court is of the opinion that the impugned order does not call for any interference invoking revisional jurisdiction.

In the result, the Revision being devoid of any merit deserves to be and is hereby dismissed.