LAWS(CHH)-2016-10-8

DINESH JAIN, S/O LATE PUKHRAJ JAIN, AGED ABOUT 52 YEARS, PROFESSION Vs. MANJULA JAIN, W/O SHRI DINESH JAIN, AGED ABOUT 40 YEARS

Decided On October 24, 2016
Dinesh Jain, S/o Late Pukhraj Jain, aged about 52 years, profession Appellant
V/S
Manjula Jain, W/o Shri Dinesh Jain, aged about 40 years Respondents

JUDGEMENT

(1.) The present revision under Sec. 19(4) of the Family Courts Act, 1984 has been preferred by the Petitioner assailing the order dated 5.5.2016 passed by the Family Court, Bilaspur in M.J.C. No. 224 of 2015. By the impugned order dated 5.5.2016, the Court below has in a proceeding under Sec. 127 of Crimial P.C. enhanced the earlier amount of maintenance, i.e, Rs. 3000.00, granted to the Respondents to the tune Rs. 7500.00 per month.

(2.) Facts relevant for the adjudication of the present case are that indisputably the Petitioner and Respondent No. 1 are husband and wife. It is pertinent to mention at this juncture that it was the second marriage of both the Petitioner and Respondent No. 1. Down the line there was a strained relationship between them on account of which Respondent No. 1 left the matrimonial home and started living separately and filed an application for grant of maintenance under Sec. 125 of Crimial P.C. before Family Court, Bilaspur. The said application under Sec. 125 of Crimial P.C. was registered as M.J.C. No. 65 of 2010 which was decided on 12.5.2010 where the Court allowed the said application and ordered for payment of Rs. 3000.00 per month as maintenance to the Respondents by virtue of settlement which was entered into between the disputing parties before the Court.

(3.) Subsequently, in the year 2011 an application under Sec. 127 of Crimial P.C. was again preferred by Respondents and pending the said proceeding, again a settlement was arrived at between the disputing parties and by virtue of the said settlement it was agreed that the Petitioner shall provide for accommodation and also shall meet the expenses towards the said accommodation to be occupied by the Respondents and accordingly the said proceeding under Sec. 127 of Crimial P.C. got disposed of on 2.11.2011.