(1.) This criminal revision has been preferred by the applicants against the order dtd. 31/10/2019 passed by the Judge, Family Court, Baloda Bazar, in Misc. Judicial Case No. 187/2019 whereby application filed by the applicants under Sec. 127(1) of the Criminal Procedure Code, 1973 (in short, 'Cr.P.C.') has been dismissed.
(2.) Vide order dtd. 19/3/2007 passed in Misc. Judicial Case No. 82/2006, monthly maintenance amount of Rs.600.00 to each applicant was granted. On 11/1/2018, applicants filed an application under Sec. 127(1) of the Cr.P.C. for modification and enhancement of maintenance amount which was dismissed by learned Court below mentioning that the applicants have not proved change of circumstance. Hence, this revision.
(3.) Learned counsel for the applicants submits that original order had been passed on 19/3/2007, 10 years thereafter, the applicants filed the application for enhancement of maintenance amount. At the time of passing of earlier order, age of applicant No. 2 Pranav Singh Thakur was 5 years, now his age is 15 years. At that time, salary of non-applicant was about Rs.7.008 thousands, but now he is getting monthly salary Rs.31,133.00. Applicant Smt. Ranu Chouhan has clearly stated in her statement that their son-applicant No. 2 Pranav Singh Thakur is studying in Class 8th in Sai Aryavart Public School and in his education, maintenance etc, about Rs.70,000.00 per year is spent. Looking to these facts, Rs.1,200.00 per month maintenance amount is not sufficient for maintaining both the applicants, because in last 15 years, inflation has risen to an extreme heights. In these circumstances, grant of only Rs.1,200.00 per month as maintenance, that too, for two persons is on very lower side. Therefore, learned trial Court ought to have enhanced maintenance amount upto Rs.5,000.00 for each applicants which has not been done. Therefore, the revision may be allowed and relief, as prayed, may be granted by this Court.