Indian Kanoon - Search engine for Indian Law

RPFC No.200096/2017 is filed by the husband for reduction of maintenance amount and RPFC No.200100/2017 is filed by the wife and daughter for further enhancement of maintenance amount against the order dated 28.07.2017 made in Crl.Misc.No.61/2017 on the file of the Principal Judge, Family Court, Raichur awarding maintenance of Rs.12,000/- per month to petitioner No.1/wife from the date of petition till her life time and Rs.12,000/- per month to petitioner No.2/daughter from the date of petition till she gets married along with excluding education expenses by exercising the powers under Section 127 of Cr.P.C.

The Parties are referred to as per their ranking before the Family Court.

2. Petitioner No.1 is the wife and petitioner No.2 is the daughter of the respondent filed Crl.Misc.61/2017 against the respondent under Section 127 of Cr.P.C. for enhancement of maintenance contending that they are the wife and daughter of the respondent. The relationship is not disputed. Earlier, the petitioners have filed the petition in Crl.Misc.No.22/2013 under Section 125 of Cr.P.C. before the Family Court. The said petition came to be allowed in part by awarding maintenance of Rs.4,500/- per month each to the petitioners by an order darted 29.01.2008., which was the subject of RPFC. No.616/2013 before this Court. This Court after hearing both the parties, by an order dated: 29-08-2013 modified the enhanced amount of Rs.8,000/- each per month and awarded the petitioner by reducing to Rs.7,500/- each per month. Thereafter the matter was remanded back, subject to the condition that, the respondent /husband has to deposit the entire arrears of maintenance within four weeks failing which the respondent has to pay amount of Rs.8,000/- each per month.

3. Thereafter the petitioners filed the petition for alteration of maintenance under section 127 of Code of Criminal Procedure for enhancement of maintenance of Rs.25,000/- per month to each of the petitioners contending that the respondent has got sufficient means of income from agriculture and from business. The said fact is evident from the records in the suit filed by the petitioners in O.S.No.151/2008 for partition and separate possession. The said suit came to be decreed allotting shares to the petitioner No.2 as per the Judgment and decree dated: 26-11-2012. But the respondent has preferred Appeal in R.A. No.8/2013 before the Ist Addl. District Judge, Raichur. The amount awarded in Criminal Miscellaneous No.22/2013 is modified by this Court in RPFC No.616/2013 holding that the amount is very meager and not sufficient to lead minimum life in these costliest days. They are unable to meet their essential needs and education expenses of second petitioner, due to hike in the prices of essential commodities and all other utensils in the market, petitioners are facing hardship, inconvenience and difficulties. They are depending the maintenance amount granted in Criminal Miscellaneous No.22/2013 and the same is not sufficient. They have further contended that, respondent being an agriculturist and businessman, owning huge properties and has got income of Rs.75,000/- per month and has also got income of Rs.5,00,000/- from other sources and he has got capacity to pay the maintenance. Therefore, they have filed petition for further enhancement under section 127 of Code of Criminal Procedure.

24. In view of the aforesaid reasons, the impugned order passed by the Family Court awarding maintenance of Rs.12,000/- per month to each petitioners is in accordance with law. The RPFC No.200096/2017 filed by the respondent /husband and RPFC No.200100/2017 filed by the petitioners/wife and daughter have not made out any ground to interfere with reasonable order passed by the Family Court dated: 28-07-2017 made in Criminal Miscellaneous No.61/2017 exercising the revisional powers of this court under the provisions of section 19(4) of the Family Court Act. Accordingly both the petitions are dismissed.